| 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 | the Department of Education to develop procedures for |
| 5 | screening students for identification as gifted or |
| 6 | academically talented students; specifying parental |
| 7 | notice and other requirements for such screening; |
| 8 | requiring the department to develop eligibility criteria |
| 9 | for gifted and academically talented student |
| 10 | identification and specifying criteria therefor; |
| 11 | requiring the department to develop model gifted and |
| 12 | academically talented student education programs and |
| 13 | specifying program requirements; requiring the |
| 14 | department to develop procedures for evaluating the |
| 15 | effectiveness of model education programs; requiring the |
| 16 | department to develop procedures and eligibility |
| 17 | criteria for whole-grade acceleration; requiring |
| 18 | district school boards to implement screening |
| 19 | procedures, eligibility criteria, model education |
| 20 | programs, evaluation procedures, and whole-grade |
| 21 | acceleration policies; requiring district school board |
| 22 | reporting; requiring rulemaking; amending s. 1004.04, |
| 23 | F.S.; requiring state-approved teacher preparation |
| 24 | programs to incorporate specified gifted and |
| 25 | academically talented student instruction; amending s. |
| 26 | 1011.62, F.S.; requiring certain school district |
| 27 | guaranteed allocation expenditures to be reported |
| 28 | separately; providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Section 1003.572, Florida Statutes, is |
| 33 | created to read: |
| 34 | 1003.572 Gifted and academically talented student |
| 35 | education.-- |
| 36 | (1) The Department of Education shall develop, and |
| 37 | district school boards shall implement: |
| 38 | (a) Screening procedures for the determination of |
| 39 | students who should be further evaluated for identification as |
| 40 | a gifted or an academically talented student. The screening |
| 41 | shall be annually conducted for all students in an elementary, |
| 42 | middle, and high school grade level designated by the |
| 43 | department, based upon peer-reviewed research, to be the most |
| 44 | appropriate time for such screening and shall also be made |
| 45 | available at least annually to students in all other K through |
| 46 | 12 grade levels upon written request by a student's parent or |
| 47 | teacher. Each district school board shall annually provide |
| 48 | written notification to parents of students in grades K |
| 49 | through 12 of the availability of such screening. |
| 50 | (b) Eligibility criteria for gifted and academically |
| 51 | talented student identification that includes, but is not |
| 52 | limited to, demonstration of a need for services or activities |
| 53 | not ordinarily provided by the school in order to fully |
| 54 | develop the student's capabilities and demonstration of: |
| 55 | 1. Superior intellectual development on a standardized |
| 56 | intelligence test for gifted student identification; or |
| 57 | 2. High achievement capability in one or more academic |
| 58 | subject areas for academically talented student |
| 59 | identification. |
| 60 | (c) Model gifted and academically talented student |
| 61 | education programs for students identified under paragraph |
| 62 | (b). The programs must: |
| 63 | 1. Be based upon best practices set forth in peer- |
| 64 | reviewed research. |
| 65 | 2. Include classroom-based, school-based, and district- |
| 66 | based implementation options. |
| 67 | 3. Include, but are not limited to, subject matter |
| 68 | acceleration opportunities, differentiated curricula that |
| 69 | address the exceptional learning needs of gifted and |
| 70 | academically talented students, and enrichment activities that |
| 71 | extend learning opportunities available in the classroom. |
| 72 | (d) Procedures for annually evaluating the effectiveness |
| 73 | of model gifted and academically talented student education |
| 74 | programs. |
| 75 | (e) Policies that set forth procedures and eligibility |
| 76 | criteria for whole-grade acceleration. |
| 77 | (2) Each student participating in a gifted or |
| 78 | academically talented student education program shall be |
| 79 | evaluated at least every 3 years according to procedures |
| 80 | developed by the department to determine whether the student |
| 81 | is benefiting from, and continues to be eligible to |
| 82 | participate in, the program. |
| 83 | (3) Each district school board shall report annually to |
| 84 | the department by school and grade level: the number of |
| 85 | students screened and identified under subsection (1); the |
| 86 | types of gifted and academically talented student education |
| 87 | programs that it offers; the number of, and performance data |
| 88 | for, students in such programs; and the number of students who |
| 89 | were accelerated one or more whole grades. When reporting the |
| 90 | number of students, district school boards shall classify |
| 91 | students according to race, ethnicity, and national origin. |
| 92 | (4) The State Board of Education shall adopt rules |
| 93 | pursuant to ss. 120.536(1) and 120.54 necessary to implement |
| 94 | this section. |
| 95 | Section 2. Paragraph (c) of subsection (3) of section |
| 96 | 1004.04, Florida Statutes, is amended to read: |
| 97 | 1004.04 Public accountability and state approval for |
| 98 | teacher preparation programs.-- |
| 99 | (3) DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A |
| 100 | system developed by the Department of Education in |
| 101 | collaboration with postsecondary educational institutions |
| 102 | shall assist departments and colleges of education in the |
| 103 | restructuring of their programs in accordance with this |
| 104 | section to meet the need for producing quality teachers now |
| 105 | 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 |
| 111 | in 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 and academically talented student instruction |
| 118 | so that program graduates will be able to recognize the |
| 119 | characteristics of a gifted or academically talented student |
| 120 | and will have knowledge of the requirements under s. 1003.572 |
| 121 | for the screening, identification, and education of such |
| 122 | students. |
| 123 | Section 3. Paragraph (e) of subsection (1) of section |
| 124 | 1011.62, Florida Statutes, is amended to read: |
| 125 | 1011.62 Funds for operation of schools.--If the annual |
| 126 | allocation from the Florida Education Finance Program to each |
| 127 | district for operation of schools is not determined in the |
| 128 | annual appropriations act or the substantive bill implementing |
| 129 | the annual appropriations act, it shall be determined as |
| 130 | follows: |
| 131 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 132 | OPERATION.--The following procedure shall be followed in |
| 133 | determining the annual allocation to each district for |
| 134 | operation: |
| 135 | (e) Funding model for exceptional student education |
| 136 | programs.-- |
| 137 | 1.a. The funding model uses basic, at-risk, support |
| 138 | levels IV and V for exceptional students and career Florida |
| 139 | Education Finance Program cost factors, and a guaranteed |
| 140 | allocation for exceptional student education programs. |
| 141 | Exceptional education cost factors are determined by using a |
| 142 | matrix of services to document the services that each |
| 143 | exceptional student will receive. The nature and intensity of |
| 144 | the services indicated on the matrix shall be consistent with |
| 145 | the services described in each exceptional student's |
| 146 | individual educational plan. |
| 147 | b. In order to generate funds using one of the two |
| 148 | weighted cost factors, a matrix of services must be completed |
| 149 | at the time of the student's initial placement into an |
| 150 | exceptional student education program and at least once every |
| 151 | 3 years by personnel who have received approved training. |
| 152 | Nothing listed in the matrix shall be construed as limiting |
| 153 | the services a school district must provide in order to ensure |
| 154 | that exceptional students are provided a free, appropriate |
| 155 | public education. |
| 156 | c. Students identified as exceptional, in accordance |
| 157 | with chapter 6A-6, Florida Administrative Code, who do not |
| 158 | have a matrix of services as specified in sub-subparagraph b. |
| 159 | shall generate funds on the basis of full-time-equivalent |
| 160 | student membership in the Florida Education Finance Program at |
| 161 | the same funding level per student as provided for basic |
| 162 | students. Additional funds for these exceptional students will |
| 163 | be provided through the guaranteed allocation designated in |
| 164 | subparagraph 2. |
| 165 | 2. For students identified as exceptional who do not |
| 166 | have a matrix of services and students who are gifted in |
| 167 | grades K through 8, there is created a guaranteed allocation |
| 168 | to provide these students with a free appropriate public |
| 169 | education, in accordance with s. 1001.42(4)(l)(m) and rules of |
| 170 | the State Board of Education, which shall be allocated |
| 171 | annually to each school district in the amount provided in the |
| 172 | General Appropriations Act. These funds shall be in addition |
| 173 | to the funds appropriated on the basis of FTE student |
| 174 | membership in the Florida Education Finance Program, and the |
| 175 | amount allocated for each school district shall not be |
| 176 | recalculated during the year. These funds shall be used to |
| 177 | provide special education and related services for exceptional |
| 178 | students and students who are gifted in grades K through 8. |
| 179 | Beginning with the 2007-2008 fiscal year, a district's |
| 180 | expenditure of funds from the guaranteed allocation for |
| 181 | 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 amount expended from the |
| 186 | guaranteed allocation for students identified as exceptional |
| 187 | who do not have a matrix of services and for gifted students |
| 188 | in grades K through 12. |
| 189 | Section 4. This act shall take effect July 1, 2008. |