From the ECS State Policy Database Special Populations--Gifted and Talented

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Signed into law 09/2012 P-12 From bill summary: Requires the state board, upon the next revision of criteria for programs for gifted and talented pupils proposed by applicant school districts, to adopt a standard for pupil identification to ensure the identification procedures of an applicant district provide economically disadvantaged pupils and pupils of varying cultural backgrounds with full participation in gifted and talented programs. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2451-2500/ab_2491_bill_20120926_chaptered.pdf Title: A.B. 2491 Source: www.leginfo.ca.gov MO Signed into law 07/2012 P-12 School districts must include in their annual school accountability report card whether the school district currently has a state-approved gifted education program and the percentage and number of students being served by the program. http://www.senate.mo.gov/12info/pdf-bill/tat/SB599.pdf (page 9) Title: S.B. 599- Gifted Education Source: www.senate.mo.gov OH Signed into law 06/2012 P-12 Amends procedures for STEM committee awarding of grants to establish STEM schools. Permits the committee to authorize the establishment of a group of STEM schools operating from multiple facilities in one or more school districts under the direction of a single governing body. Amends leadership and funding provisions to account for group of STEM schools operating under single governing body. Directs the committee to weigh the merits of each proposed STEM school within a group, and to authorize each such school separately. After authorizing such a group of STEM schools, permits the committee to authorize one or more schools to operate as part of that group. Directs the department to (1) issue a separate report card for each STEM school within a group, and (2) compute a rating for each group of schools and report that rating in a distinct report card for the group. Permits the STEM committee to authorize one or more STEM schools serve only gifted students. Pages 230-237 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Title: S.B. 316 - STEM Schools Source: www.legislature.state.oh.us IL Adopted 05/2012 P-12 Urges Congress to pass the Talent Act as either a separate act or an amendment to the Elementary and Secondary Education Act or another Act of Congress. http://www.ilga.gov/legislation/97/HJR/PDF/09700HJ0051lv.pdf Title: H.J.R. 51 Source: www.ilga.gov ME Signed into law 05/2012 P-12 Part H reinstates the statutory requirement for school administrative units to operate education programs for gifted and talented students. It repeals outdated language related to funding and clarifies that approved gifted and talented education program costs are subsidizable costs under the Essential Programs and Services Funding Act.Part I corrects a reference in the Maine Revised Statutes, Title 20-A, section 7001, subsection 2-C from Part C of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1414(d)(1)(B) to Part B. http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1284&item=1&snum=125 Title: H.P. 1284- Gifted and Talented Source: www.mainelegislature.org FL Signed into law 04/2012 P-12 Establishes legislative intent that students have access to academically challenging coursework or accelerated instruction. Defines Academically Challenging Curriculum to Enhance Learning (ACCEL) options as educational options providing academically challenging curriculum or accelerated instruction to eligible public school students in grades K-12. Requires each school to offer, at a minimum, specified ACCEL options: whole-grade and midyear promotion, subject-matter acceleration, virtual instruction in higher grade level subjects, and the Credit Acceleration Program. Specifies additional ACCEL options schools may offer. Specifies which ACCEL options must have principal-developed vs. district-developed student eligibility requirements. Identifies issues principals and districts must consider in establishing student eligibility requirements. Requires principals to inform parents and students of ACCEL options and student eligibility requirements, and requires principals and districts to establish a process for parents to request student participation in specified ACCEL options. If a student participates in an ACCEL option pursuant to a parental request, requires a performance contract to be executed. Requires parents to be notified if a principal initiates a student's participation in an ACCEL option. Requires the comprehensive student progression plan to include information for students and parents on accelerated educational options. Bill text: Pages 1-8, 61-63 of 71: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7059er.docx&DocumentType=Bill&BillNumber=7059&Session=2012 Final bill analysis: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h7059z.KINS.DOCX&DocumentType=Analysis&BillNumber=7059&Session=2012 Title: H.B. 7059 - ACCEL (Academically Challenging Curriculum to Enhance Learning) Options Source: myfloridahouse.gov FL Signed into law 04/2012 P-12 From bill analysis: Reduces the 5% charter school administrative fee charged by school districts for schools that have an exceptional student enrollment that is 75% or greater of the total school enrollment. Bases the fee for affected schools on unweighted FTE rather than weighted FTE. Bill text (page 10 of 41): http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h5101er.docx&DocumentType=Bill&BillNumber=5101&Session=2012 Final bill analysis (pages 3-5 of 13): http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h5101z.PKAS.DOCX&DocumentType=Analysis&BillNumber=5101&Session=2012 Title: H.B. 5101 - Charter School Administrative Fee Source: myfloridahouse.gov OH Signed into law 06/2011 P-12 Permits any person assigned to a school as a principal or any other position to also serve as the district's gifted education coordinator, if qualified to do so pursuant to state board of education rules. Page 407 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Gifted and Talented Coordinators Source: www.legislature.state.oh.us OR Signed into law 06/2011 P-12 Modifies terminology in education statutes from "mental retardation" to "intellectual disability" for persons with intellectual disability. Requires individualized education programs to use new terminology. Authorizes Legislative Counsel to substitute "intellectual diability" wherever "retardation" or "mental retardation" occurs in ORS chapters 326 to 353. http://www.leg.state.or.us/11reg/measpdf/sb0001.dir/sb0003.en.pdf Title: S.B. 3 Source: http://www.leg.state.or.us OR Signed into law 06/2011 P-12 Establishes the Task Force on Instruction of Talented and Gifted (TAG) Children, to be appointed by the Superintendent of Public Instruction. Directs task force to determine resources needed to provide TAG instruction, appropriate level of funding, potential funding methods, and number of children who benefit. Requires task force to submit a report and recommendations to interim legislative committes on education. Oregon Department of Education will provide staff and agencies are directed to assist the task force in the performance of its duties. http://www.leg.state.or.us/11reg/measpdf/sb0200.dir/sb0253.en.pdf Title: S.B. 330 Source: http://www.leg.state.or.us OR To governor 06/2011 P-12 Requires school district to submit written plan of instruction for talented and gifted children to Superintendent of Public Instruction. Allows superintendent to approve plan only if plan is submitted as part of application for state funds. http://www.leg.state.or.us/11reg/measpdf/hb2100.dir/hb2180.intro.pdf Title: H.B. 2180 Source: http://www.leg.state.or.us NC Veto overridden: legislature has overridden governor's veto 06/2011 P-12 Directs the state board to allocate an additional $1,192.90 per academically or intellectually gifted child for fiscal year 2011-2012 and $1,192.90 per child for fiscal year 2012-2013. Requires that a local school administrative unit receive funds for a maximum of 4% of its 2011-2012 allocated average daily membership, regardless of the number of children identified as academically or intellectually gifted in the unit. Requires that dollar amounts allocated under these provisions also adjust in accordance with legislative salary increments, retirement rate adjustments, and health benefit adjustments for personnel who serve academically or intellectually gifted children. Page 42 of 342: http://www.ncleg.net/Sessions/2011/Bills/House/PDF/H200v9.pdf Title: H.B. 200 - Funds for Gifted Children Source: www.ncleg.net NC Veto overridden: legislature has overridden governor's veto 06/2011 P-12 Removes requirement that the state board implement a $500 tuition charge for students attending the Governor's School of North Carolina. Replaces with provision permitting the state board to implement a tuition charge (dollar amount not specified) to cover the costs of the school. Page 46 of 342: http://www.ncleg.net/Sessions/2011/Bills/House/PDF/H200v9.pdf Title: H.B. 200 - Tuition Charge for Governor's School Source: www.ncleg.net NV Signed into law 05/2011 P-12 Authorizes the Superintendent of Public Instruction to deduct from, withhold from or otherwise make adjustments to the quarterly apportionments paid to a school district, charter school or university school for profoundly gifted pupils if the required report has not been provided; revising provisions governing the calculation of apportionments which take into account the effect of the declining enrollment of pupils in a school district or charter school http://www.leg.state.nv.us/Session/76th2011/Bills/SB/SB38_EN.pdf. Title: S.B. 38 Source: http://www.leg.state.nv.us/ CO Signed into law 03/2011 P-12 Revises policies and practices for identifying and serving gifted students and students with disabilities. http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/1A5CF1E8E715B76F8725780800801246?Open&file=1077_enr.pdf Title: H.B. 1077 Source: http://www.leg.state.co.us UT Signed into law 02/2011 P-12 Repeals references to the gifted and talented program and the Advanced Placement program; creates new Enhancement for Accelerated Students Program. Directs the state board of education to distribute funds appropriated for the Enhancement for Accelerated Students Program according to a formula adopted by the state board, after consultation with districts and charter schools. Permits a distribution formula for the Enhancement for Accelerated Students Program to include an allocation of funds for Advanced Placement courses, gifted and talented programs, including professional development for teachers of high-ability students, and International Baccalaureate programs. Provides that no more than 1.5% of the appropriation for the Enhancement for Accelerated Students Program may be allowed for International Baccalaureate programs. Directs the state board to develop performance criteria to measure the effectiveness of the Enhancement for Accelerated Students Program and make an annual report to the Public Education Appropriations Subcommittee on the effectiveness of the program. http://le.utah.gov/~2011/bills/sbillenr/sb0001.pdf Companion to H.B. 2 http://le.utah.gov/~2011/bills/hbillenr/hb0002.pdf Title: S.B. 1 - Section 53A-17a-165 Source: le.utah.gov FL Signed into law 04/2010 P-12 Requires each high school to advise each student of programs through which a high school student can earn college credit, including Advanced Placement (AP), International Baccalaureate (IB), Advanced International Certificate of Education, dual enrollment courses, career academy courses, and courses that lead to national industry certification, as well as the availability of course offerings through virtual instruction. Beginning with the 2011-2012 school year, each high school must offer an IB Program, an Advanced International Certificate of Education Program, or a combination of at least 4 courses in dual enrollment or AP (including one course each in English, mathematics, science, and social studies. To meet this requirement, school districts may provide courses through virtual instruction, if the virtual course significantly integrates postsecondary level content for which a student may earn college credit, as determined by the state department of education, and for which a standardized EOC assessment, as approved by the department, is administered. Creates The Credit Acceleration Program (CAP) for the purpose of allowing a secondary student to earn high school credit in a course that requires a statewide, standardized EOC assessment if the student attains a specified score on the assessment. Notwithstanding other relevant statues, a school district must award course credit to a student who is not enrolled in the course, or who has not completed the course, if the student attains a score indicating satisfactory performance, on the corresponding statewide, standardized EOC assessment. The school district must permit a student who is not enrolled in the course, or who has not completed the course, to take the standardized EOC assessment during the regular administration of the assessment. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0004er.html&Directory=session/2010/Senate/bills/billtext/html/ Title: S.B. 4 - Sec. 5 Source: http://www.flsenate.gov UT Signed into law 03/2010 P-12 Adds Section 53A-17a-105.5. Defines "qualifying program" as (1) the at-risk flow through program; (2) the homeless and disadvantaged minority students program [both created in 53A-17a-121]; (3) the gifted and talented program; (4) the advanced placement program; (5) the concurrent enrollment program. Allows a district or charter school that receives a state allocation of less than $10,000 for a qualifying program to either (1) combine the funds with certain other program funds and use the combined funds in accordance with the program requirements for any of the qualifying programs that are combined; or (2) transfer the funds to a qualifying program for which the district or charter school received an allocation of funds that is greater than or equal to $10,000; and use the combined funds in accordance with the program requirements for the qualifying program to which the funds are transferred. Pages 5-6 of 6: http://le.utah.gov/~2010/bills/hbillenr/hb0149.pdf Title: H.B. 149 - Section 3 Source: le.utah.gov ID Signed into law 03/2010 P-12 New section entitled Encouragement of Gifted Students. If a student completes any required high school course with a grade of C or higher before entering ninth grade, if that course meets the same standards that are required in high school, if the course is taught by a properly certified teacher who meets the federal definition of being highly qualified for the course being taught and if the school providing the course is accredited as recognized by the state board, the student is to be given a grade for the successful completion of that course and such grade and the number of credit hours assigned to the course shall be transferred to the student's high school transcript. Two semester credits of the required six semester mathematics credits must be taken in the final year of high school. The provisions of this section do not apply to senior projects. Chapter 125 http://www.legislature.idaho.gov/legislation/2010/H0579.htm Title: H.B. 579 Source: http://www.legislature.idaho.gov MS Signed into law 03/2010 P-12 Repeals a section of existing law which provides for a due process hearing regarding an exceptional child's identification, evaluation, or educational placement. http://billstatus.ls.state.ms.us/documents/2010/pdf/HB/0600-0699/HB0626SG.pdf Title: H.B. 626 Source: http://billstatus.ls.state.ms.us NV Signed into law 02/2010 P-12 Provides a temporary waiver for the biennium to each school district, charter school and university school for profoundly gifted pupils from the minimum expenditure requirements for textbooks, instructional supplies, instructional software and instructional hardware. http://www.leg.state.nv.us/26th2010Special/Bills/AB/AB5_EN.pdf Title: A.B. 5B Source: http://www.leg.state.nv.us/ NV Rule Adoption 10/2009 P-12 Establishes provisions governing finances and budgets of charter schools and university schools for profoundly gifted pupils. www.leg.state.nv.us/NAC/CHAPTERS.HTMl Title: NAC 386, 387 Source: www.leg.state.nv.us/l IL Signed into law 08/2009 P-12 Requires the Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children to research and discuss best practices for addressing the needs of children who are gifted and talented and have a disability. Directs the councils to jointly provide recommendations to the state board of education concerning state board provision of technical assistance to school districts on strategies to provide teacher education and training to assist such students, and on establishing guidelines for unique programming for such students. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0900lv.pdf Title: H.B. 900 Source: www.ilga.gov/legislation OH Signed into law 07/2009 P-12 Partially from the DOE summary of H.B. 1: 3302.01: Amends performance index score to reflect combination of reading and writing tests into one English language arts test. 3302.02: Eliminates the requirement that there be a minimum of 17 performance indicators. Requires the state board, within a year of adoption of rules for implementation of the new assessment system for high school graduation and once every six years thereafter, to establish new performance indicators for district and school report cards, based on recommendation of the state superintendent. By December 31, 2011, requires the state board, upon recommendation of the state superintendent, to establish a performance indicator reflecting the level of services provided to, and the performance of, students identified as gifted. Pages 1046-1047 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf DOE summary of H.B. 1: http://www.education.ohio.gov/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635 Title: H.B. 1 - Section 3302.01 and 3302.02 Source: www.legislature.state.oh.us TX Signed into law 06/2009 P-12 Creates Section 39.236, "Gifted and Talented Standards." Directs the commissioner to adopt standards to evaluate district gifted and talented programs to determine whether programs are in accordance with the Texas Performance Standards Project or another commissioner-approved program meets the requirements of the state plan for the education of gifted and talented students. Repeals 39.116, "Initiative for Retaining Quality Educators." Page 134 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf Title: H.B. 3 - Section 59 - Part VII (Gifted and Talented and Retaining Quality Educators) Source: www.legis.state.tx.us IN Signed into law 05/2009 P-12 Amends provision requiring school boards to develop local plans to provide appropriate educational experiences to high ability students in grades K-12. Requires plans to include best practices to increase the number of participants in high ability student programs who are from underrepresented racial and ethnic groups. http://www.in.gov/legislative/bills/2009/PDF/HE/HE1289.1.pdf Title: H.B. 1289 - Section 2 Source: www.in.gov/legislative NV Signed into law 05/2009 P-12 Relates to school districts; revises provisions governing the required minimum expenditures for textbooks, instructional supplies and instructional hardware; includes instructional software within such provisions; requires the Department of Education to determine the required minimum expenditure; subjects charter schools and university schools for profoundly gifted pupils to the minimum expenditure requirements; requires that a university school for profoundly gifted pupils report on certain expenditures. Chapter 131 http://www.leg.state.nv.us/75th2009/Bills/AB/AB429_en.pdf Title: A.B. 429 Source: http://www.leg.state.nv.us/ CO Signed into law 05/2008 P-12 Amends the definition of gifted children to include children who are 4 years of age; permits an administrative unit to include in its program plan provisions to identify and serve gifted children who are 5 years of age and for whom early access to kindergarten is deemed appropriate by the administrative unit; establishes criteria and a process by which an administrative unit may determine whether a child who is 5 years of age is a gifted child for whom early access to school is appropriate. http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/FEE1586BC76E238887257395005D1BE8?open&file=1021_enr.pdf Title: H.B. 1021 Source: http://www.leg.state.co.us/ UT Signed into law 03/2008 P-12 Establishes the High-ability Student Initiative Program to provide resources for educators to enhance the academic growth of high-ability students. Provides program components, including: (1) Personnel under the direction of the state board of education and superintendent of public instruction, who are to direct and facilitate the program (2) A comprehensive, Internet-based resource center to provide information about high-ability students to teachers, administrators, parents and the community (3) Professional development and professional learning communities for teachers, including research-based tools to: (i) identify high-ability students; (ii) implement strategies to meet high-ability students' needs; (iii) train and mentor teachers (iv) enhance teacher collaboration and networking, including videoconferencing equipment for classroom observation and coaching; (4) Assistance for a teacher to obtain an endorsement for gifted and talented education (5) An evaluation of the program. Directs the state board of education to use funds appropriated to the High-ability Student Initiative Program to establish a grant program to encourage a licensed teacher to obtain an endorsement for gifted and talented education. Authorizes the state board to award up to 250 grants of up to $2,500 each. Requires a licensed teacher to provide matching funds in an amount equal to 1/2 the grant amount as a condition of receipt of the grant. Also directs the state board to use funds appropriated to High-ability Student Initiative Program to contract with an independent, qualified evaluator, selected through an RFP process, to evaluate the High-ability Student Initiative Program, and to provide up to 60 stipends of up to $1,500 each for teachers who participate in the evaluation. Specifies that program funds may be used only to supplement and not supplant funds for existing programs. Specifies that Participation in the High-ability Student Initiative Program must be voluntary for an individual teacher for a charter school or school district. Directs the state board to make an annual report during the 2009, 2010 and 2011 interims to the Education Interim Committee, describing the program's impact on high-ability students. Pages 35-36 of 43: http://le.utah.gov/~2008/bills/sbillenr/sb0002.pdf Title: S.B. 2 - Section 23 Source: le.utah.gov OR Signed into law 03/2008 P-12 Allows the Department of Education to expend moneys from the School Fund for support of talented and gifted education; allows department to contract for creation and administration of regional talented and gifted centers; removes limit on percentage of amount of appropriated moneys that department may use for support of talented and gifted education; directs school districts to include information on anabolic steroids and performance enhancing substances in kindergarten through grade 12 curricula. http://www.leg.state.or.us/08ss1/measpdf/sb1000.dir/sb1066.en.pdf Title: S.B. 1066A Source: http://www.leg.state.or.us/08ss1/measpdf/sb1000.dir/sb1066.en.pdf NY Adopted 08/2007 P-12 Establishes criteria for the award of grants for the Excelsior Scholars program for grade 7 math and science students. Establishes criteria for the award of grants for summer institutes for mathematics and science teachers in grades 5-8. Effective November 15, 2007. Pages 21-24 of 48: http://www.dos.state.ny.us/info/register/2007/aug15/pdfs/rules.pdf Title: Title 8 NYCRR Section 100.14 and 100.15 Source: www.dos.state.ny.us CO Signed into law 06/2007 P-12 Requires a school district, a board of cooperative services, and the state charter school institute to serve every gifted child; requires the administrative units to develop and implement a program for the education of gifted children; requires each administrative unit to ensure that its constitqiluent schools and districts make available appropriate special provisions for gifted children. http://www.leg.state.co.us/clics/clics2007a/csl.nsf/fsbillcont3/3F9EF23B488A1A5D872572610064DEF3?open&file=1244_ren.pdf Title: H.B. 1244 Source: Colorado Legislature NV Signed into law 05/2007 P-12 Revises provisions governing the Nevada plan and the apportionments and allowances from the state distributive school account to include pupils who are enrolled in a university school for profoundly gifted pupils. Revises provisions governing employment of unlicensed personnel at a university school. Revises provisions governing the eligibility of a child for enrollment. Revises provisions relating to membership of the governing body of a university school. http://www.leg.state.nv.us/74th/Bills/AB/AB567_EN.pdf Title: A.B. 567 Source: http://www.leg.state.nv.us/ MN Signed into law 05/2007 P-12 Requires that school districts adopt procedures for the academic acceleration of gifted and talented students. These procedures must include how the district will: (1) assess a student's readiness and motivation for acceleration; and (2) match the level, complexity, and pace of the curriculum to a student to achieve the best type of academic acceleration for that student. http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85 Title: H.F. 2245 [Gifted and Talented] Source: http://www.revisor.leg.state.mn.us/ IN Signed into law 04/2007 P-12 Changes references from gifted and talented to high ability. Changes the criteria for awarding grants to school corporations for high ability programs. Requires a school corporation to establish a program for high ability students, and sets forth requirements for assessments to identify high ability students. http://www.in.gov/legislative/bills/2007/PDF/SE/SE0408.1.pdf Title: S.B. 408 Source: www.in.gov/legislative HI Adopted 04/2007 P-12 Asks the Hawaii Department of Education to develop a comprehensive plan to promote opportunities for high achievement with the goal of 20% of public school students enrolling in gifted and talented programs, honors classes, advanced placement courses, International Baccalaureate programs, or other similar programs designed to provide rigorous and challenging curricula. Provides that the department plan include: (1) The number of students currently enrolled in gifted and talented programs or similar programs with highly challenging academic curricula (2) Recommendations on ways to increase the number of enrolled students in gifted and talented programs or similar programs with highly challenging academic curricula, in order to reach the goal of 20% of public school students enrolled in such programs (3) Recommendations on methods to include students in the gifted and talented programs who may not exhibit the traditional qualifications for acceptance into such programs, but who demonstrate a high aptitude for achievement by other performance measures (4) Program recommendations to provide opportunities for potentially high achieving students (5) Program recommendations in the areas of language arts, social studies, math, science, fine arts, performing arts, and foreign languages (6) The personnel requirements and costs associated with the comprehensive plan. Asks the department to submit its plan and any findings and recommendations to this body no later than twenty days prior to the convening of the 2008 regular session. Title: S.R. 45 Source: Lexis-Nexis NJ Issued 09/2006 P-12 (Executive Order 2006-35) Continues and modifies the Governor's School Board of Overseers that oversees the Governor's School Program, which identifies high school students with high scholastic promise and matches them with intensive summer programs at New Jersey institutions of higher education where they are challenged to grow and learn in a focused, college-level, academic environment; modifies the membership of the Governor's School Board of Overseers with the goal of exploring and securing new funding options for the Governor's School Program, and ensuring that the Program's student body reflects New Jersey's diversity. http://www.state.nj.us/infobank/circular/eojsc35.htm Title: E.O. 35 Source: http://www.state.nj.us/infobank/circular/eoindex.htm KS Signed into law 04/2006 P-12 Establishes the Kansas Academy of Mathematics and Science as either: (1) An accelerated residential, or on-line distance learning program for Kansas high school-age pupils who are academically talented in science and mathematics; or (2) a rigorous, two-year program of college coursework tailored to individual abilities and taught by the faculty of a postsecondary educational institution designated by the board, or (3) both. Both options are to allow gifted students to earn college credits and a high school diploma at the same time. Requires the state board of regents to determine whether KAMS is a residential program, a distance learning program or a combination of on-line and in person course work, seminars and learning activities. Defines eligible students. Requires the state board of regents to prescribe the curriculum of KAMS, including coursework in mathematics through calculus II, chemistry, biology, physics, computer science, English and history. Specifies that the course of study for KAMS pupils must be subject to the state board's approval and must be designed to meet both the high school graduation requirements and the requirements for an associate of arts or an associate of science degree. Requires the state board of regents to establish fees for students attending the KAMS program, which must be paid by the school district where the student is enrolled but must not exceed the base state aid per pupil. Allows a total of at least 40 pupils to be admitted to KAMS. Requires 20 of the students to be chosen based on residence with no more than five residing in a single congressional district. Requires the remaining 20 pupils to be chosen without regard to residence in the state. Allows the Board of Regents the authority to expand the number of students beyond 40, but the same geographic distribution apply. Gives the board authority to aid regent institutions in developing short-term summer academies and requires budget requests to include funds for operating such academies, which may be residential or use the KAN-ED system. http://www.kslegislature.org/bills/2006/139.pdf Title: S.B. 139 Source: www.kslegislature.org KY Signed into law 03/2006 P-12 Clarifies that a school district may advance a child through the primary program if he or she is at least five but less than six years old; allows the child to be classified as other than a kindergarten student for purposes of funding if the student is determined to have acquired the academic and social skills taught in kindergarten as determined by local board policy. http://www.lrc.ky.gov/RECORD/06RS/SB35/bill.doc Title: S.B. 35 Source: Lexis-Nexis/StateNet KY Adopted 02/2006 P-12 Section 2: Effective with the Class of 2012: Requires 3rd unit of math to be completed in Algebra II and bars student from receiving math credit for prealgebra course (prealgebra may be applied toward elective credit). Requires 3 units of science to be lab-based. Replaces reference to life science mandate with reference to biological science mandate and includes unifying concepts as component of mandated high school science curriculum. Specifies content to be included in health, physical education, and history and appreciaton of visual and performing arts credits for high school graduation. Replaces reference to 7 units electives with reference to 7 units "academic and career interest standards based learning experiences." Requires 4 of these 7 units to include standards-based learning experiences in an academic or career interest based on the student's Individual Learning Plan. Requires students to demonstrate competency in technology to be eligible for high school graduation. Section 4: Allows local boards to award credit for high school graduation based on satisfactory demonstration of proficiency. Allows students in grades 5-8 to receive high school credit provided the content is high school-level and the district has criteria in place to determine that the middle grades student is capable of success in the high school course. Requires local boards to establish policies for awarding performance-based credit that meet specified criteria, including the extent to which state assessments will be used in the local performance-based credit system. http://www.lrc.ky.gov/kar/704/003/305reg.htm Title: 704 KAR 3:305 (section 2 and 4) Source: www.lrc.ky.gov/kar LA Adopted 12/2005 P-12 Establishes new special education course codes that will allow students with disabilities and gifted and talented students to earn Carnegie units and it will allow districts to track the courses in which the students are enrolled. AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064 Page 5 of 106 http://www.doa.state.la.us/osr/reg/0512/0512RUL.pdf Title: LAC 28:CXV.2333, 2355, 2364 and 2369 Source: www.doa.state.la.us, Lexis-Nexis/StateNet NM Rule Adoption 09/2005 P-12 Amends rules relating to special education and children with disabilities as well as gifted children. Relates to the rights and responsibilities of the Public Schools and of the students. NEW MEXICO REG 4351 (SN) Title: NMAC 6.31.2, 6.11.2 Source: StateNet IL Signed into law 08/2005 P-12 Sets forth requirements concerning gifted and talented programs. Provides definition of "gifted and talented children." Establishes non-discrimination provisions. Establishes requirements for local programs regarding identification methods and procedures, appeals processes, parental and community awareness, parental notification and program components. Requires programs to include (1) a description of how gifted and talented children will be grouped and instructed in order to maximize the program's educational benefits, including curriculum modifications and options that accelerate and add depth and complexity to the curriculum content; (2) An explanation of how the program emphasizes higher-level skills attainment, including problem-solving, critical thinking, creative thinking, and research skills, as embedded within relevant content areas; (3) A methodology for measuring participating students' academic growth and a procedure for communicating a child's progress to his or her parents or guardian, including a report card; (4) The collection of data on growth in learning for children in a program for gifted and talented children and the reporting of the data to the state board. (5) The designation of a supervisor responsible for overseeing the program. (6) Demonstration that the certified teachers assigned to teach gifted and talented children understand the characteristics and educational needs of children and are able to differentiate the curriculum and apply instructional methods to meet the needs of the children. (7) Plans for the continuation of professional development for staff assigned to gifted and talented program. Sets forth state board responsibilities for administering the program. Requires the state board to make grants available to fund gifted and talented programs. Establishes procedures for awarding grants. Authorizes the state board to enter into and monitor contracts with school districts, regional offices of education, colleges, universities, and professional organizations for conducting experimental projects and institutes, including summer institutes, in the field of gifted and talented education. Establishes an Advisory Council on the Education of Gifted and Talented Children. Establishes membership and responsibilities. Requires local programs to comply with these provisions by September 1, 2006 for purposes of state funding. Effective July 1, 2005. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0410 Title: H.B. 881 -- Gifted and Talented Programs Source: www.ilga.gov NY Rule Adoption 07/2005 P-12 Amends regulations to clarify and strengthen the education requirements for the extension of a teaching certificate in gifted education to better align with the competencies tested in the teacher certification examination for this extension as articulated in the examination's framework, and defer the implementation of the requirement for the extension. http://www.dos.state.ny.us/info/register/2005/aug10/pdf/rules.pdf Title: Title 8 NYCRR 52.21(b)(4)(v), 80-4.1(a)(2), 80-4.3(d) Source: StateNet MN Signed into law 07/2005 P-12 Gifted and talented revenue for each district equals $4 times the district's adjusted marginal cost pupil units for fiscal year 2006 and $9 for fiscal year 2007 and later. A school district must reserve gifted and talented revenue and, consistent with section 120B.15, must spend the revenue only to: (1) identify gifted and talented students; (2) provide education programs for gifted and talented students; or (3) provide staff development to prepare teachers to best meet the unique needs of gifted and talented students. School districts may identify students, locally develop programs, provide staff development, and evaluate programs to provide gifted and talented students with challenging educational programs. School districts may adopt guidelines for assessing and identifying students for participation in gifted and talented programs. The guidelines should include the use of: (1) multiple and objective criteria; and (2) assessments and procedures that are valid and reliable, fair, and based on current theory and research. http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0141.1&session_year=2005&session_number=1 Title: H.F. 141 - Multiple Components Source: http://www.revisor.leg.state.mn.us IL Signed into law 07/2005 P-12 Changes certain references from recognition by the state board to approval by the state board. Provides that a local program for the education of gifted and talented children must use a minimum of 3 assessment measures used to identify gifted and talented children in each area in which a program for gifted and talented children is established (rather than in each area of aptitude) and provide a fair and impartial appeal process within the school, school district, or cooperative of school districts operating a program (rather than within the local educational agency) for parents or guardians of aggrieved children. Provides that a local program for the education of gifted and talented children must provide a description of how gifted and talented children will be grouped and instructed in order to maximize the educational benefits the children derive from participation in the program (rather than a description of how the children will be grouped and instructed in language arts and in mathematics in order to maximize the educational benefits they derive from participation in a program addressing those areas of aptitude) and a showing that the certified teachers who are assigned to teach gifted and talented children understand the characteristics and educational needs of the children and are able to differentiate the curriculum (rather than are qualified to address the educational needs of the children and to differentiate the curriculum). Provides that initially, 4 members of the Advisory Council shall serve terms through January 1, 2007 and 3 members will serve terms through January 1, 2009. Makes other changes. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0151 Title: S.B. 223 Source: http://www.ilga.gov NV Signed into law 06/2005 P-12 Provides for the enrollment of certain pupils in a university school for profoundly gifted pupils in lieu of enrolling in the schools that such pupils are otherwise scheduled to attend. A university school for profoundly gifted pupils will determine the eligibility of a pupil for admission to the school based upon a comprehensive assessment of the pupil's potential for academic and intellectual achievement at the school, including, without limitation, intellectual and academic ability, motivation, emotional maturity and readiness for the environment of an accelerated educational program. The assessment must be conducted by a broad-based committee of professionals in the field of education. Profoundly gifted pupil" means a person who is under the age of 18 years: 1. Whose intelligence quotient as determined by an individual administration of the Wechsler or Stanford-Binet Series tests or other test approved by the governing body of the university school for profoundly gifted pupils is at or above the 99.9th percentile; or 2. Who scores at or above the 99.9th percentile for his age on an aptitude or achievement test, including, without limitation, the Scholastic Aptitude Test or the American College Test. http://leg.state.nv.us/73rd/bills/SB/SB461_EN.pdf Title: S.B. 461 Source: StateNet AZ Signed into law 04/2005 P-12 Specifies that "child with a disability" does not mean a child who has difficulty in writing, speaking or understanding the English language due to an environmental background in which a language other than English is primarily or exclusively used. Deletes language pertaining to "gifted child" from language related to special education. Rewrites definition of special education to mean "specially designed instruction that meets the unique needs of a child with a disability and that is provided without cost to the parents of the child." Adds definition of "specially designed instruction" to designate "adapting the content, methodology or delivery of instruction to address the unique needs of a child with a disability and to ensure that child's access to the general curriculum" as identified in the state board's academic standards. Creates new sections defining "gifted pupil," "gifted education," and setting forth local board responsibilities for the education of gifted children. Requires every local board to develop a scope and sequence for identifying and modifying curriculum for gifted students to ensure that such students receive gifted education commensurate with their academic abilities and potentials. Requires every district's annual financial report to include the dollar amount spent on programs for gifted students and the number of students enrolled in programs or receiving services by grade level. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1072 Title: S.B. 1072 Source: www.azleg.state.az.us KY Signed into law 03/2005 P-12 Authorizes Governor's Scholars Program, Inc. to manage and operate the Governor's Scholars Program and hire, fire, and manage personnel, including the executive director. Transfers the Governor's Scholars Program from the Education Cabinet to the Governor's Office for administrative purposes; establishes procedures for appointing members of program board. Clarifies that the enrichment program for academically gifted students is "to enhance the next generation of civic and economic leaders and create models of educational excellence." http://lrc.ky.gov/RECORD/05RS/SB134.htm Title: S.B. 134 Source: lrc.ky.gov SD Signed into law 02/2005 P-12 Repeals the requirement that the state board establish standards for gifted and talented educational programs; appeals procedures involving identification, placement or program; and criteria for identification (13-33-17). [Historical note: state funding for gifted education was repealed in 1997.] http://legis.state.sd.us/sessions/2005/bills/HB1063enr.pdf Title: H.B. 1063 Source: http://legis.state.sd.us ME Signed into law 06/2003 P-12 Eliminates language basing grant funds for gifted education programs on "$2 of state matching funds for each $1 of funds appropriated by the school administrative unit." Replaces with requirement that grants for gifted education programs be made based on department requirements. Deletes language that a district or portion thereof is not required to comply with its gifted and talented plan during the 2000-01 and 2001-02 school years. Requires every district, starting with 2003-04 academic year, to fully implement its plan for phasing in gifted and talented educational programs. http://www.mainelegislature.org/legis/bills/billtexts/LD157701-1.asp Title: S.P. 538 (LD 1577) (omnibus bill) Source: www.mainelegislature.org ME Signed into law 06/2003 P-12 This bill does the following: 1. It adds "emotional disability" to the definition of "exceptional student" in the Maine Revised Statutes, Title 20-A, section 7001; 2. It adds "undue burden" as a requirement concerning requests for extension of leased space agreements relating to local school administrative units; 3. It amends the definition of "homeless student" in compliance with the provisions of federal law; 4. It amends the homeless student provisions to be addressed by Department of Education rules to implement federal law; 5. It amends and clarifies the section of the statute defining the tuition rate that may be charged by schools receiving tuition students who are enrolled in regular school day applied technology educational programs at applied technology centers. It adds language establishing the tuition rate that may be charged by the applied technology center, satellite or region; and 6. It amends the statutes regarding local funding requirements for gifted and talented programs and the reporting dates and implementation dates for those programs. http://www.mainelegislature.org/legis/bills/billtexts/LD157701-1.asp Title: S.P. 538 Source: http://www.mainelegislature.org TN Signed into law 05/2003 P-12 Creates a special joint study committee to review Tennessee Board of Education rules and regulations regarding intellectually gifted students. Title: H.J.R. 75 Source: StateNet MD Signed into law 05/2003 P-12 Expands the definition of artistically gifted and talented student from including one who has "outstanding abilities" in the creative, visual or performing arts to one one who either has outstanding abilities in the area of talent and performing, or shows the potential for performing, at remarkably high levels of accomplishment when compared with other students of a similar age, experience or environment. Adds to existing language that gifted student needs services beyond those provided by the regular school program, to find that gifted and talented students are to be found in youth from all cultural groups and economic levels as well as in all areas of human endeavor. http://mlis.state.md.us/2003rs/bills/hb/hb0307t.rtf Title: H.B. 307 Source: mlis.state.md.us IN Signed into law 03/2002 P-12 Deletes requirement that Education Roundtable include representative of "special education." Requires the Education Roundtable to include a representative of education programs for "exceptional learners." Establishes definition of "exceptional learners" as both students with a disability and high-ability students. Requires that state resources program provide integrated services that include support for educators taking professional development leading to endorsement or licensure in gifted and talented education. Mandates that department use appropriations for information and materials resource centers to offer grants to districts for programs for high-ability students. Districts qualify for such grants if 1) their district plan for provision of services to high-ability K-12 students provides for multiple means of identifying high-ability students, including procedures for students who may not be identified through traditional means due to economic disadvantage, cultural background, underachievement or disabilities; and 2) the plan aligns with the strategic and continuous school improvement and achievement plans for district schools. Requires every school's three-year strategic and continuous school improvement and achievement plan to address the learning needs of all students, including programs and services for exceptional learners. Title: S.B. 292 Source: www.state.in.us/legislative WA Signed into law 03/2002 P-12 Requires the state superintendent to monitor programs for the education of highly capable students. http://www.leg.wa.gov/pub/billinfo/2001-02/House/2725-2749/2748_sl_04022002.txt Title: H.B. 2748 Source: www.leg.wa.gov NJ Signed into law 01/2002 P-12 Establishes the New Jersey Commission on Programs for Gifted Students; appropriates funds. http://www.njleg.state.nj.us/2000/Bills/S2500/2429_R1.PDF Title: S.B. 2429 Source: New Jersey Legislative Web Site CA Signed into law 09/2000 P-12 Revises 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. Removes certain restrictions on the use of funds for gifted and talented pupil programs. Title: A.B. 2313 Source: Lexis-Nexis/StateNet CA Vetoed 09/2000 P-12 Postsec. Establishes the Honors Grant Program under which a high school would design and implement a plan that would result in its pupils having access to at least four honors courses; requires the superintendent of public instruction to administer a grant program, as specified, for high schools to develop honors classes, train teachers and acquire instructional materials. Title: A.B. 2613 Source: Lexis-Nexis/StateNet MD Signed into law 04/2000 P-12 Establishes the Commission on Funding and Services for Gifted and Talented Student Education; provides that the commission shall review the status of funding and services for gifted and talented students in major academic areas, the arts and leadership and make recommendations. Title: H.B. 572 Source: Lexis-Nexis/StateNet VA Signed into law 04/2000 P-12 Relates to the Virginia Gifted Education Consortium; extends the expiration of the provisions of the act to 01/01/03; relates to the recommendation of the Joint Subcommittee Studying the Educational Needs of Certain Underserved Gifted Students. Title: S.B. 654 Source: Lexis-Nexis/StateNet VA Signed into law 04/2000 P-12 Relates to Gifted Education Pilot Program; extends the expiration date on the provisions of the act to July 1, 2003. Title: H.B. 1406 Source: Lexis-Nexis/StateNet