Assembly Bill (AB) 2313, Chapter 748, Statutes of 2000
BILL NUMBER: AB 2313 CHAPTERED
BILL TEXT
CHAPTER 748
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000
APPROVED BY GOVERNOR SEPTEMBER 26, 2000
PASSED THE ASSEMBLY AUGUST 31, 2000
PASSED THE SENATE AUGUST 30, 2000
AMENDED IN SENATE AUGUST 7, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
AMENDED IN ASSEMBLY APRIL 5, 2000
INTRODUCED BY Assembly Member Correa
(Coauthor: Assembly Member Lempert)
FEBRUARY 24, 2000
An act to amend Sections 52205, 52206, 52209, and 52212 of, to repeal Sections 52204 and 52208 of, and to repeal and add Section 52211 of, the Education Code, relating to gifted and talented pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2313, Correa. Education: gifted and talented pupils.
(1) Under existing law, the Gifted and Talented Pupil Program authorizes school districts that provided a mentally gifted minor program in the 1978-79 school year to participate in that program. Under existing law, the Superintendent of Public Instruction is required to apportion funds to eligible school districts in a specified manner that apportions funds to each participating school district based on a different dollar amount per pupil depending on the number of participating pupils in the program. This bill would delete those provisions and add provisions that revise the method of apportioning funds for the gifted and talented program so that each participating school district receives a per-pupil amount based on average daily attendance, determined as specified. The bill would also remove certain restrictions on the use of funds for gifted and talented pupil programs.
(2) Under existing law, the Superintendent of Public Instruction is required to meet certain requirements in administering the Gifted and Talented Program, including giving priority in technical assistance to those districts receiving the greatest increase in funds. This bill would delete that requirement.
(3) Under existing law, the governing boards of school districts that provide gifted and talented programs may establish programs consisting of special day classes, part-time grouping, enrichment activities, cluster grouping, independent study, acceleration, postsecondary education opportunities, and other program approaches authorized by the governing board of the school district. Existing law provides that if the school district provides any of these programs, it must provide them for a specified amount of time each week. This bill would instead require that programs for gifted and talented pupils be planned and organized as an integrated differentiated learning experience within the regular school day, and may be augmented with other differentiated activities related to the core curriculum.
(4) Existing law requires the governing board of each school district providing gifted and talented programs to conduct an annual assessment of the program and to develop procedures that ensure the ongoing participation of parents of gifted and talented pupils in the planning and evaluation of those programs. This bill would delete those provisions. The bill would instead require a school district, each time it submits an application for renewal of its GATE authorization, to submit a program assessment, in accordance with criteria adopted by the State Board of Education.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52204 of the Education Code is repealed.
SEC. 2. Section 52205 of the Education Code is amended to read:
52205. The Superintendent of Public Instruction shall:
(a) Apportion funds pursuant to this chapter to each district for which an application to offer programs pursuant to this chapter has been approved by the State Board of Education according to this chapter and regulations adopted by the board.
(b) Assist school district governing boards, upon their request, to design, implement, and evaluate programs funded under this chapter.
(c) Ensure that the expenditure of funds authorized for programs pursuant to this chapter is consistent with this chapter.
(d) Encourage the development of locally designed, innovative programs for gifted and talented pupils.
(e) Assist districts in the development and implementation of staff development programs related to gifted and talented pupils.
(f) Encourage the development of procedures that assure the ongoing participation of parents of gifted and talented pupils in the planning and evaluation of programs funded pursuant to this chapter.
SEC. 3. Section 52206 of the Education Code is amended to read:
52206. (a) The governing boards of school districts that elect to provide programs pursuant to this chapter may establish programs for gifted and talented pupils consisting of special day classes, part-time groupings, and cluster groupings, consistent with the regulations of the State Board of Education. 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, postsecondary education, and enrichment.
(b) Each participating governing board shall determine the most appropriate curricular components for participating pupils within its district.
(c) For all programs for gifted and talented pupils, including programs for pupils with high creative capabilities and talents in the performing and visual arts, each participating governing board shall concentrate part of its curriculum on providing participating pupils with an academic component and, where appropriate, with instruction in basic skills.
SEC. 4. Section 52208 of the Education Code is repealed.
SEC. 5. Section 52209 of the Education Code is amended to read:
52209. The governing board of any school district that provides a program for gifted and talented pupils pursuant to this chapter may:
(a) Conduct programs, seminars, and classes for gifted and talented pupils within or without the boundaries of the school district and, for that purpose, employ instructors, supervisors, and other personnel and provide necessary equipment and supplies.
(b) Transport or arrange for transportation of pupils to or from educational institutions where regularly scheduled programs and classes are being conducted.
Attendance of pupils at these programs, seminars, and classes shall be included in computing the average daily attendance of the district for the purposes of apportionments from the State School Fund.
Funds provided in support of this chapter shall be used solely for the purposes of this chapter. Allowances provided in any fiscal year but not expended in that year may be expended in subsequent fiscal years.
SEC. 6. Section 52211 of the Education Code is repealed.
SEC. 7. Section 52211 is added to the Education Code, to read:
52211. The Superintendent of Public Instruction shall, beginning in the 2001-02 school year, apportion funds to school districts pursuant to the provisions of this section. The superintendent shall perform the following calculations:
(a) Divide the total funding available for gifted and talented education (GATE) by the statewide total units of average daily attendance in kindergarten and grades 1 to 12, inclusive, at the second principle apportionment of the prior year, for all school districts participating in the GATE program in the current year.
(b) Multiply the dollar amount computed in subdivision (a) by the average daily attendance at the second principle apportionment of the prior year for each participating school district.
(c) No school district with fewer than 1,500 pupils in average daily attendance shall receive less to support its GATE program than two thousand five hundred dollars ($2,500) or the amount it received in 1998-99, whichever is greater.
(d) No district shall receive less per average daily attendance than the amount it received per average daily attendance in the 1999-2000 school year.
(e) The dollar amount in subdivision (c) shall be increased annually by the percentage inflation adjustment provided to the revenue limits of unified school districts of over 1,500 pupils in average daily attendance.
SEC. 8. Section 52212 of the Education Code is amended to read:
52212. (a) (1) Each applicant school district shall submit an application for approval for a proposed program for gifted and talented pupils to the State Board of Education. The application shall be submitted in the form and manner prescribed by the Superintendent of Public Instruction. An application shall be approved for a period of one, two, or three years, or denied, based on the quality of the plan, in accordance with criteria adopted by the State Board of Education. Those criteria shall be reviewed by the board at least once every four years and shall address, but are not limited to, the elements of program design, identification, curriculum and instruction, social and emotional development, professional development, parent and community involvement, program assessment and budgeting. The application shall include budget information including separate data on identification and program costs, and any other data required by the Superintendent of Public Instruction to administer and evaluate the program effectively. Each time a school district submits an application for renewal of its GATE authorization, the school district shall submit a program assessment in accordance with criteria adopted by the state board.
(2) Each participating governing board shall maintain auditable records.
(3) Each applicant school district shall designate, in its application to the State Board of Education, a person with responsibility for the development, identification procedure, and implementation of the local program for gifted and talented pupils, fiscal management, and the collection of auditable records for the independent evaluation.
(4) Applications for district programs shall be developed by the State Department of Education and made available to districts no later than April 1 of each year. The application shall not be part of the consolidated application.
(b) Notwithstanding subdivision (a), the state may approve an application for a period of five years, if following a site validation of the application by the department; it determines that the district's program for gifted and talented pupils is exemplary.
AB 2207, Chapter 1073, Statutes of 2000
BILL NUMBER: AB 2207 CHAPTERED
BILL TEXT
CHAPTER 1073
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000
APPROVED BY GOVERNOR SEPTEMBER 30, 2000
PASSED THE ASSEMBLY AUGUST 31, 2000
PASSED THE SENATE AUGUST 30, 2000
AMENDED IN SENATE AUGUST 25, 2000
AMENDED IN ASSEMBLY MAY 11, 2000
AMENDED IN ASSEMBLY MAY 9, 2000
AMENDED IN ASSEMBLY MAY 1, 2000
INTRODUCED BY Assembly Member Baldwin
FEBRUARY 24, 2000
An act to amend Sections 48800, 48800.5, 52201, and 76001 of the Education Code, relating to gifted and talented pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2207, Baldwin. Pupils: gifted and talented.
Existing law authorizes the governing board of any school district to authorize pupils, with parental permission, who would benefit from advanced scholastic or vocational work to attend community college as special part-time students. Existing law authorizes a pupil's parent or guardian to petition the governing board of the school district to authorize the pupil to attend community college as a special full-time student. Existing law authorizes the governing board of a community college to admit the special part-time or full-time student to any community college under its jurisdiction. This bill would require the governing board of a school district that denies a request for special part-time or full-time enrollment at a community college for a pupil who is identified as highly gifted to issue its written recommendation and the reasons for the denial within 60 days. The bill would require the written recommendation and denial to be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted, thereby imposing a state-mandated local program. The bill would require the governing board of a school district to grant a request for special part-time or full-time enrollment for a pupil identified as highly gifted unless the board finds either that the transfer of the pupil would result in a severe hardship at the pupil's school or that the pupil's level of emotional or social development would prevent the pupil from making a satisfactory adjustment. The bill would authorize the parents or guardians of a pupil identified as highly gifted to file an appeal with the county board of education if the request is denied. The bill would require the governing board of a community college that denies a request for a special part-time or full-time enrollment in community college for a pupil who is identified as highly gifted to record its findings and reasons for the denial in writing within 60 days, thereby imposing a state-mandated local program. Existing law defines "gifted and talented pupil." The bill would add a definition of a "highly gifted pupil."
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Highly gifted and talented pupils, those whose measured intelligence quotient is 150 or more points, possess enormous potential for intellectual attainment, personal achievement, and social contribution.
(2) Because highly gifted and talented pupils are often assigned to elementary and secondary schools that are not equipped to offer them an appropriate education, their full potential may not be developed and they may experience an unsatisfactory adjustment to school that may cause them to lose interest, drop out, or even contemplate or commit suicide.
(3) The intelligence level of highly gifted and talented pupils obscures the fact that they are a special population with special needs.
(b) It is, therefore, the intent of the Legislature to enact legislation to ensure that all pupils, including highly gifted and talented pupils, receive a free and appropriate education. It is further the intent of the Legislature to enact legislation to increase the options available for providing services to highly gifted and talented pupils including an opportunity for highly gifted and talented pupils to attend classes in the public postsecondary institutions of this state.
SEC. 2. Section 48800 of the Education Code is amended to read:
48800. (a) The governing board of any school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools. The governing board may authorize those pupils, upon recommendation of the principal of the school that the pupil attends, and with parental consent, to attend a community college as special part-time students and to undertake one or more courses of instruction offered at the community college level.
(b) If the governing board denies a request for a special part-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) The students shall receive credit for community college courses that they complete at the level determined appropriate by the school district and community college district governing boards.
SEC. 3. Section 48800.5 of the Education Code is amended to read:
48800.5. (a) A parent or guardian of any pupil, regardless of the pupil's age or class level, may petition the governing board of the school district in which the pupil is enrolled to authorize the attendance of the pupil at a community college as a special full-time student on the ground that the pupil would benefit from advanced scholastic or vocational work that would thereby be available. If the governing board denies the petition, the pupil's parent or guardian may file an appeal with the county board of education, which shall render a final decision on the petition in writing within 30 days.
(b) If the governing board denies a request for a special full-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) Any pupil who attends a community college as a special full-time student pursuant to this section is exempt from compulsory school attendance under Chapter 2 (commencing with Section 46100) of Part 26.
(d) A parent or guardian of a pupil who is not enrolled in a public school may directly petition the president of any community college to authorize the attendance of the pupil at the community college as a special part-time or full-time student on the ground that the pupil would benefit from advanced scholastic or vocational work that would thereby be available.
(e) Any pupil authorized to attend a community college as a special full-time student shall, nevertheless, be required to undertake courses of instruction of a scope and duration sufficient to satisfy the requirements of law.
(f) For purposes of allowances and apportionments from the State School Fund, a community college shall be credited with additional units of average daily attendance attributable to the attendance of special full-time students at the community college.
SEC. 4. Section 52201 of the Education Code is amended to read:
52201. (a) "Gifted and talented pupil," as used in this chapter, means a pupil enrolled in a public elementary or secondary school of this state who is identified as possessing demonstrated or potential abilities that give evidence of high performance capability as defined pursuant to Section 52202.
(b) "Highly gifted pupil" means a gifted and talented pupil who has achieved a measured intelligence quotient of 150 or more points on an assessment of intelligence administered by qualified personnel or has demonstrated extraordinary aptitude and achievement in language arts, mathematics, science, or other academic subjects, as evaluated and confirmed by both the pupil's teacher and principal. Highly gifted pupils shall generally constitute not more than 1 percent of the pupil population.
(c) "Program" means an appropriately differentiated curriculum provided by a district for gifted and talented pupils which meets the standards established pursuant to this chapter, and also includes the identification of these pupils.
(d) "Participating pupil" means a pupil identified as a gifted and talented pupil who takes part in a program for at least one semester of a school year.
SEC. 5. Section 76001 of the Education Code is amended to read:
76001. (a) The governing board of a community college district may admit to any community college under its jurisdiction as a special part-time student any student who is eligible to attend community college pursuant to Section 48800.
(b) If the governing board denies a request for a special part-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) The attendance of a pupil at community college as a special part-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Section 48802. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards.
(d) For purposes of this section, a special part-time student may enroll in up to, and including, 12 units per semester, or the equivalent thereof, at the community college.
(e) The governing board of a community college district may admit to any community college under its jurisdiction as a special full-time student any pupil who is eligible to attend community college pursuant to Section 48800.5, and who, in the opinion of the college president, could benefit from the course or class.
(f) If the governing board denies a request for a special full-time enrollment for a pupil who is identified as highly gifted, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(g) The attendance of a pupil at a community college as a special full-time student pursuant to this section is authorized attendance, for which the community college shall be credited pursuant to Section 48800.5.
(h) The governing board of a community college district may admit to the summer session of any community college under its jurisdiction as a special student any student, with parental consent:
(1) Whose admission to summer session is recommended by the principal of the school which the student attends.
(2) Who has demonstrated adequate preparation in the discipline to be studied.
(3) Who has availed himself or herself of all opportunities to enroll in an equivalent course at his or her school of attendance.
(i) A principal may recommend a pupil as a special student pursuant to rules and regulations that may be adopted by the governing board of the school district. The principal of a school shall not recommend a number of pupils who have completed a particular grade in excess of 5 percent of the total number of pupils in the school who have completed that grade immediately prior to the time of recommendation.
(j) The attendance of a special summer session student at a community college pursuant to this section shall be credited to the district maintaining the community college for the purposes of allowances and apportionments from the State School Fund. The student shall receive credit for community college courses that he or she completes, in a manner determined to be appropriate by the governing boards of the school district and the community college district.
(k) Subdivisions (a) to (g), inclusive, and Sections 48800 to 48802, inclusive, do not apply to the special students authorized to be admitted to a community college summer session pursuant to this section.
SEC. 6. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
