CS/CS/HB 835

1	A bill to be entitled
2	An act relating to gifted and academically talented
3	student education; creating s. 1003.572, F.S.; requiring
4	district school boards to provide parental notice of
5	requirements and procedures for requesting evaluations for
6	gifted student classification; requiring district school
7	board reporting of gifted student classification,
8	services, and performance data; requiring the Department
9	of Education to develop data elements for district
10	reporting; requiring rulemaking; creating s. 1003.573,
11	F.S.; requiring the department to develop procedures and
12	eligibility criteria for whole-grade and subject matter
13	acceleration; requiring district school boards to
14	implement procedures and eligibility criteria; requiring
15	district school board reporting of student acceleration
16	data; requiring the department to develop data elements
17	for district reporting; requiring rulemaking; amending s.
18	1004.04, F.S.; requiring state-approved teacher
19	preparation programs to incorporate specified gifted
20	student instruction; amending s. 1011.62, F.S.; requiring
21	certain school district guaranteed allocation expenditures
22	to be reported separately; creating the Gifted and
23	Academically Talented Student Task Force within the
24	department; designating members; requiring members to
25	serve without compensation or reimbursement for per diem
26	and travel expenses; requiring the task force to submit a
27	report to the Governor and Legislature; providing report
28	requirements; providing for the future abolishment of the
29	task force; providing effective dates.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 1003.572, Florida Statutes, is created
34	to read:
35	1003.572  Gifted student education.--
36	(1)  For students in grades K through 12, each district
37	school board shall annually:
38	(a)  Provide written notice to each student's parent of the
39	eligibility criteria for gifted student classification and the
40	procedures for requesting an evaluation of a student to
41	determine his or her eligibility for such classification.
42	(b)  Report to the department by school and grade level:
43	1.  The number of students classified as gifted. Such
44	reporting shall separately identify the number of students
45	classified as gifted under generally applicable criteria set
46	forth in State Board of Education rule and under a department-
47	approved school district plan for increasing the participation
48	of underrepresented groups.
49	2.  The types of gifted student education services that it
50	provides and the number of students receiving each service. Such
51	reporting shall:
52	a.  Separately identify gifted student education services
53	that provide: direct instruction to a class consisting only of
54	gifted students; differentiated instruction for gifted students
55	within a class that also includes students who are not gifted;
56	and noninstructional consultation services.
57	b.  Indicate the number of hours per week that each service
58	identified under sub-subparagraph a. is provided to each gifted
59	student and whether the service is provided by a teacher who has
60	received the gifted endorsement under State Board of Education
61	rule.
62	3.  Performance data for students receiving gifted student
63	education services.
64
65	When reporting the number of students under this paragraph,
66	district school boards shall classify students according to
67	race, ethnicity, limited English proficient status, and free or
68	reduced-price lunch eligibility status under the National School
69	Lunch Act.
70	(2)  The department shall develop data elements to
71	facilitate district school board reporting under paragraph
72	(1)(b).
73	(3)  The State Board of Education shall adopt rules
74	pursuant to ss. 120.536(1) and 120.54 to implement this section.
75	Section 2.  Section 1003.573, Florida Statutes, is created
76	to read:
77	1003.573  Whole-grade and subject matter acceleration.--
78	(1)  For students in grades K through 12, the department
79	shall develop, and district school boards shall implement,
80	statewide policies that set forth procedures and eligibility
81	criteria for whole-grade and subject matter acceleration.
82	(2)  Each district school board shall report annually to
83	the department by school and grade level: the number of, and
84	performance data for, students who were accelerated one or more
85	whole grades; the types of subject matter acceleration programs
86	offered; and the number of, and performance data for, students
87	who participated in subject matter acceleration programs. When
88	reporting the number of students, district school boards shall
89	classify students according to race, ethnicity, limited English
90	proficient status, and free or reduced-price lunch eligibility
91	status under the National School Lunch Act.
92	(3)  The department shall develop data elements to
93	facilitate district school board reporting under subsection (2).
94	(4)  The State Board of Education shall adopt rules
95	pursuant to ss. 120.536(1) and 120.54 to implement this section.
96	Section 3.  Paragraph (c) of subsection (3) of section
97	1004.04, Florida Statutes, is amended to read:
98	1004.04  Public accountability and state approval for
99	teacher preparation programs.--
100	(3)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system
101	developed by the Department of Education in collaboration with
102	postsecondary educational institutions shall assist departments
103	and colleges of education in the restructuring of their programs
104	in accordance with this section to meet the need for producing
105	quality teachers now and in the future.
106	(c)  State-approved teacher preparation programs must
107	incorporate:
108	1.  Appropriate English for Speakers of Other Languages
109	instruction so that program graduates will have completed the
110	requirements for teaching limited English proficient students in
111	Florida public schools.
112	2.  Scientifically researched, knowledge-based reading
113	literacy and computational skills instruction so that program
114	graduates will be able to provide the necessary academic
115	foundations for their students at whatever grade levels they
116	choose to teach.
117	3.  Gifted student instruction so that program graduates
118	will:
119	a.  Be able to recognize the characteristics of gifted
120	students.
121	b.  Have knowledge of the eligibility criteria for gifted
122	student classification and the procedures for referring a
123	student for an evaluation to determine his or her eligibility
124	for such classification.
125	c.  Have knowledge of how to differentiate the general
126	education curriculum for gifted students.
127	Section 4.  Paragraph (e) of subsection (1) of section
128	1011.62, Florida Statutes, is amended to read:
129	1011.62  Funds for operation of schools.--If the annual
130	allocation from the Florida Education Finance Program to each
131	district for operation of schools is not determined in the
132	annual appropriations act or the substantive bill implementing
133	the annual appropriations act, it shall be determined as
134	follows:
135	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
136	OPERATION.--The following procedure shall be followed in
137	determining the annual allocation to each district for
138	operation:
139	(e)  Funding model for exceptional student education
140	programs.--
141	1.a.  The funding model uses basic, at-risk, support levels
142	IV and V for exceptional students and career Florida Education
143	Finance Program cost factors, and a guaranteed allocation for
144	exceptional student education programs. Exceptional education
145	cost factors are determined by using a matrix of services to
146	document the services that each exceptional student will
147	receive. The nature and intensity of the services indicated on
148	the matrix shall be consistent with the services described in
149	each exceptional student's individual educational plan.
150	b.  In order to generate funds using one of the two
151	weighted cost factors, a matrix of services must be completed at
152	the time of the student's initial placement into an exceptional
153	student education program and at least once every 3 years by
154	personnel who have received approved training. Nothing listed in
155	the matrix shall be construed as limiting the services a school
156	district must provide in order to ensure that exceptional
157	students are provided a free, appropriate public education.
158	c.  Students identified as exceptional, in accordance with
159	chapter 6A-6, Florida Administrative Code, who do not have a
160	matrix of services as specified in sub-subparagraph b. shall
161	generate funds on the basis of full-time-equivalent student
162	membership in the Florida Education Finance Program at the same
163	funding level per student as provided for basic students.
164	Additional funds for these exceptional students will be provided
165	through the guaranteed allocation designated in subparagraph 2.
166	2.  For students identified as exceptional who do not have
167	a matrix of services and students who are gifted in grades K
168	through 8, there is created a guaranteed allocation to provide
169	these students with a free appropriate public education, in
170	accordance with s. 1001.42(4)(l)(m) and rules of the State Board
171	of Education, which shall be allocated annually to each school
172	district in the amount provided in the General Appropriations
173	Act. These funds shall be in addition to the funds appropriated
174	on the basis of FTE student membership in the Florida Education
175	Finance Program, and the amount allocated for each school
176	district shall not be recalculated during the year. These funds
177	shall be used to provide special education and related services
178	for exceptional students and students who are gifted in grades K
179	through 8. Beginning with the 2007-2008 fiscal year, a
180	district's expenditure of funds from the guaranteed allocation
181	for students in grades 9 through 12 who are gifted may not be
182	greater than the amount expended during the 2006-2007 fiscal
183	year for gifted students in grades 9 through 12. Each district
184	school board in its annual financial report to the department
185	shall separately identify the following amounts expended from
186	the guaranteed allocation:
187	a.  The amount expended for students identified as
188	exceptional who do not have a matrix of services.
189	b.  The amount expended for gifted students in grades K
190	through 12 according to grade level.
191	Section 5.  Gifted and Academically Talented Student Task
192	Force.--
193	(1)  There is created the Gifted and Academically Talented
194	Student Task Force. The task force is composed of the following
195	seven members:
196	(a)  The chair of the State Board of Education or his or
197	her designee, who shall serve as chair.
198	(b)  The Commissioner of Education or his or her designee,
199	who shall serve as vice chair.
200	(c)  Four members who collectively have experience in
201	gifted and academically talented student screening,
202	identification, and education, one of whom shall be appointed by
203	the Governor, one of whom shall be appointed by the President of
204	the Senate, one of whom shall be appointed by the Speaker of the
205	House of Representatives, and one of whom shall be appointed by
206	the chair of the State Board of Education.
207	(d)  One member who represents an advocacy group for
208	parents of gifted children who shall be appointed by the
209	Governor.
210	(2)  The members of the task force shall be appointed by
211	October 1, 2009, and shall convene the initial meeting of the
212	task force by November 1, 2009.
213	(3)  The task force is assigned to the Department of
214	Education for administrative purposes. Members of the task force
215	shall serve without compensation and are not entitled to receive
216	reimbursement for per diem and travel expenses under s. 112.061.
217	Meetings may be held via teleconference or other electronic
218	means. Members of the task force are subject to the Code of
219	Ethics for Public Officers and Employees under part III of
220	chapter 112, Florida Statutes.
221	(4)  By February 1, 2010, the task force shall submit a
222	report to the Governor, the President of the Senate, and the
223	Speaker of the House of Representatives that includes, but is
224	not limited to, recommendations, based upon peer-reviewed
225	research and the members' collective expertise, for the
226	following:
227	(a)  Revisions to statute and rule governing eligibility
228	criteria for gifted student classification generally and in
229	underrepresented groups.
230	(b)  Eligibility criteria for academically talented student
231	classification. Such criteria shall identify students who are
232	not classified as gifted but who possess high achievement
233	capability in one or more academic subject areas and who would
234	benefit from participation in accelerated or differentiated
235	curricula learning opportunities.
236	(c)  Annual screening procedures for the determination of
237	students who should be further evaluated for identification as
238	gifted or academically talented students. These procedures, at a
239	minimum, shall identify:
240	1.  The most appropriate grade or grades within each of the
241	elementary, middle, and high school levels to administer such
242	screenings for all students.
243	2.  One or more recommended screening instruments.
244	(d)  Model gifted and academically talented student
245	education programs. The programs must include, but are not
246	limited to:
247	1.  Classroom-based, school-based, and district-based
248	implementation options.
249	2.  Subject matter acceleration opportunities,
250	differentiated curricula that address the exceptional learning
251	needs of gifted and academically talented students, and
252	enrichment activities that extend learning opportunities
253	available in the classroom.
254	(e)  Procedures for annually evaluating the effectiveness
255	of model gifted and academically talented student education
256	programs.
257	(f)  Procedures for evaluating students participating in
258	gifted or academically talented student education programs to
259	determine student performance and whether the students are
260	benefiting from, and continue to be eligible to participate in,
261	the programs.
262	(5)  Upon delivery of its final report and recommendations,
263	the task force is abolished.
264	(6)  This section shall take effect upon this act becoming
265	a law.
266	Section 6.  Except as otherwise expressly provided in this
267	act, this act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.