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Laws & Regulations

History of legislation, state laws, and regulations related to implementation of GATE programs.

History of Legislation

In 1961, the California Legislature established the Mentally Gifted Minor (MGM) program for students scoring in the 98th percentile or above on standardized intellectual ability tests. By 1980, 454 school districts and 160,000 students were participating in the program. Assembly Bill (AB) 1040, enacted in 1980, established the GATE program allowing districts to set their own criteria for entrance. AB 1040 expanded service beyond the intellectually gifted to students who were gifted and talented in areas such as specific academic ability, leadership, visual and performing arts, and creativity. In 2000, two pieces of legislation were enacted that amended provisions of the EC for GATE. AB 2313 amended EC 52200 requiring that GATE programs be planned and organized as differentiated learning experiences within the regular school day and established a GATE funding formula based on the average daily attendance for all students in the district. AB 2207 amended EC 48800 providing options for gifted and talented pupils to attend classes at postsecondary institutions regardless of the pupil's age or grade level.

Education Code (EC) sections 52200-52212

The Gifted and Talented Education (GATE) program, authorized by EC sections 52200-52212 External link opens in new window or tab. , provides funding for local educational agencies (LEAs) to develop unique education opportunities for high-achieving and underachieving pupils in California public elementary and secondary schools who have been identified as gifted and talented.

Assembly Bill 2313

Assembly Bill (AB) 2313 External link opens in new window or tab., Chapter 748, Statutes of 2000, amended the provisions of the EC 52200-52212 pertaining to GATE programs regarding the following:  governing boards that elect to provide programs may establish program for gifted and talented students consisting of special day classes, part-time groupings and cluster groupings consistent with the regulations of the State Board of Education (SBE). These programs shall be planned and organized as an integrated, differentiated learning experience within the regular school day, and may be augmented or supplemented with other differentiated activities related to the core curriculum using such strategies as independent study, acceleration, post secondary education, and enrichment.

California Code of Regulations (CCR), Title 5

CCR, Title 5, for the Gifted and Talented Pupil Program provides information regarding SBE-approved regulations related to LEA GATE program implementation including the following: Methods for GATE Student Identification; LEA Responsibilities for Identification; Evidence for Identification; Identification and Placement; General Standards GATE Programs; Definitions for Special Day Classes and Special Services or Activities; Approval of Programs; and Indirect Cost Expenditures.

Assembly Bill 2207

AB 2207 External link opens in new window or tab. , Chapter 1073, Statutes of 2000, amended EC Section 48800 External link opens in new window or tab. that provides options for highly gifted and talented pupils to attend classes in the public postsecondary institutions of the state. A parent or guardian may petition the governing board of a district to authorize pupils, regardless of the pupil's age or grade level, to attend a college as a special part-time or full-time student and to undertake one or more courses of instruction to benefit from advanced scholastic or vocational work. Students receive credit for community college courses that they complete at the level determined appropriate by the school district and the community college district governing boards. If the governing board of the school district denies the parent/guardian request, the parent/guardian may petition the county board of education to render a final decision on the petition in writing within 30 days.

Questions: Aileen Allison-Zarea | aallisonzarea@cde.ca.gov | 916-323-5252 
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