BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       SB 100
          AUTHOR:        Correa
          INTRODUCED:    January 27, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 1, 2009
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  Gifted and Talented Pupils
          
           SUMMARY  

          This bill requires the Commission on Teacher Credentialing  
          and the California Department of Education to ensure that  
          specified programs include training for staff to identify  
          gifted and talented pupils from traditionally  
          underrepresented populations.

           BACKGROUND  

          Gifted and talented education (GATE) provides  
          differentiated curriculum for gifted and talented pupils,  
          defined as those who have been identified as having  
          demonstrated or potential abilities that give evidence of  
          high performance capability.  These abilities are defined  
          by each school district in accordance with regulations  
          adopted by the State Board of Education (SBE).  Current law  
          requires each district to use one or more of the following  
          categories in defining the capability:  intellectual,  
          creative, specific academic or leadership ability, high  
          achievement, performing and visual arts talent, or other  
          criterion that meets standards set by the SBE.  

          School districts are authorized to establish programs for  
          gifted and talented pupils and have the responsibility for  
          the development of a method for the identification of  
          pupils as gifted and talented.  The method of  
          identification must be included in the district's  
          application to operate the program submitted to the  
          Superintendent of Public Instruction, and must conform to  
          specified general principles, including, methods to seek  
          out and identify gifted and talented students from varying  
          linguistic, economic, and cultural backgrounds.




                                                                SB 100
                                                                Page 2




          There are approximately 530,000 identified GATE students in  
          California.

          The GATE funding formula is based on the average daily  
          attendance for  all  students in a school district.  Schools  
          receive about $9 per student for GATE.  

          The 2009-10 Budget appropriated $50,885,000 for GATE, with  
          an additional $4,294,000 deferred to the 2010-11 fiscal  
          year.  GATE funding is included in the categorical program  
          flexibility (Tier III), allowing school districts to use  
          GATE funding for any educational purpose for the 2008-09  
          fiscal year to the 2012-13 fiscal year.  GATE funding was  
          reduced by 15.38% in 2008-09, and faces an additional 4.46%  
          reduction in 2009-10.

           ANALYSIS
           
           This bill  requires the Commission on Teacher Credentialing  
          and the California Department of Education to ensure that  
          specified programs include training for staff to identify  
          gifted and talented pupils from traditionally  
          underrepresented populations.  Specifically, this bill:

          1)   Requires the Commission on Teacher Credentialing (CTC)  
               to review its criteria for the approval of teacher and  
               administrator preparation programs to ensure that  
               those programs include training on the identification  
               and appropriate instruction of gifted and talented  
               pupils.

          2)   Requires the California Department of Education (CDE)  
               to ensure that each staff person providing or  
               receiving services within any of the programs listed  
               below is trained to allow and encourage the staff  
               person to identify gifted and talented pupils from  
               traditionally underrepresented populations.

          3)   Requires the CDE to consult, in the development of any  
               training provided pursuant to this bill, with  
               professional organizations representing teachers,  
               administrators and parents.  

          4)   Affects the following programs:





                                                                SB 100
                                                                Page 3



               a)        After school.

               b)        Pupil retention block grant.

               c)        Professional development block grant.

               d)        Beginning teacher support and assessment  
                    system.

               e)        Administrator training.

               f)        High priority schools grant.

               g)        Mathematics and reading professional  
                    development.

           STAFF COMMENTS  

           1)   After school program staff .  This bill requires the  
               California Department of Education (CDE) to ensure  
               that each staff person working in an after school  
               program is trained to identify gifted and talented  
               pupils.  After school staff are not teachers and may  
               provide tutoring but do not provide 


























                                                                SB 100
                                                                Page 4



               instruction.  Is it appropriate to require all after  
               school staff to be trained to identify gifted and  
               talented pupils?  Staff recommends an amendment to  
               delete reference to after school programs from this  
               bill.

           2)   Fiscal impact  .  The Commission on Teacher  
               Credentialing (CTC) and CDE are likely to incur  
               significant costs to review and modify teacher  
               preparation and training programs.  

           3)   Categorical flexibility  .  As mentioned in the  
               Background section of this analysis, gifted and  
               talented education (GATE) funding is included in the  
               Tier III categorical flexibility provided by the  
               2009-10 Budget Act (subject to cuts and flexibility).   
               All of the other programs listed in this bill, with  
               the exception of after school programs, are in Tier  
               III.  It is unclear how this will affect programs  
               included in that flexibility.

           4)   Prior legislation  .  SB 736 (Correa, 2007) was very  
               similar to this bill.       SB 736 passed this  
               Committee on a 9-0 vote on April 26, 2007.  SB 736 was  
               held on the Assembly Appropriations Committee's  
               suspense file.

           SUPPORT  

          American Federation of State, County and Municipal  
          Employees
          Los Angeles County Office of Education

           OPPOSITION

           California Federation of Teachers