BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-12 Regular Session BILL NO: AB 2491 AUTHOR: Blumenfield AMENDED: March 29, 2012 FISCAL COMM: Yes HEARING DATE: June 27, 2012 URGENCY: No CONSULTANT:Beth Graybill SUBJECT : Pupil instruction: Gifted and talented students. SUMMARY: This bill prohibits the State Board of Education from approving a school district's application for a proposed gifted and talented program for more than one year unless the application describes the process used by the district to identify for eligibility in the program pupils of ethnic minorities and pupils of diverse socio-economic status BACKGROUND Existing law establishes the Gifted and Talented Pupil (GATE) Program to support unique opportunities for high-achieving and underachieving pupils who are identified as gifted and talented and expresses the intent of the Legislature that special efforts be made to ensure that pupils from economically disadvantaged and varying cultural backgrounds be provided with full participation in program. (Education Code § 52201) Existing law requires the State Board of Education (SBE) to maintain regulations governing the GATE program and requires the Superintendent of Public Instruction (SPI) to apportion funds to school districts that offer GATE programs that have been approved by the SBE. (EC § 52203, § 52205) School districts that choose to offer a GATE program must submit for approval by the SBE, an application in the "form and manner" prescribed by the SPI. Current law requires applications to be approved or denied based on the quality of the plan in accordance with criteria adopted by the SBE and requires the SBE to review the criteria at least once every four years. The SBE revised the current criteria, Recommended Standards for Programs AB 2491 Page 2 for Gifted and Talented Students in 2005. Generally speaking, applications are approved for one, two, or three years. The SBE is authorized to approve applications for a period of five years if the program meets exemplary standards. (EC § 52212) Existing law specifies that for the 2008-09 fiscal year through the 2014-15 fiscal year, local educational agencies that receive funds for specified categorical programs may use the funding received during that time for any educational purpose to the extent permitted by federal law. Funding for GATE programs is included in this categorical flexibility. (EC § 42605) ANALYSIS This bill prohibits the SBE from approving a school district's application for a proposed GATE program for a period of more than one year unless the application describes the process used by the applicant school district to identify for eligibility in the program, pupils of ethnic minorities and pupils of diverse socioeconomic status. STAFF COMMENTS 1) Need for the bill. According to the author, it is crucial that gifted children living in disadvantaged situations receive an appropriate education. While many parents can afford to provide extracurricular enrichment for their gifted children, low-income parents often lack the resources to provide these opportunities. The author maintains that there is under-identification of gifted and talented students who are poor or don't speak English and notes that the focus on English language acquisition may obscure the recognition of high intelligence or talent. Further, cultural differences or poverty may make it difficult for some parents to be actively involved in the schools and help their children access appropriate programs. Research shows that when gifted students are not sufficiently challenged, their achievement levels drop and they can be at risk for becoming an underachiever. The goal of this bill is to improve underrepresented students' access to GATE programs. 2) Gifted and Talented Education . GATE programs provide differentiated curriculum for gifted and talented students, defined as those who have been identified as possessing demonstrated or potential abilities that give evidence of high performance capability. These abilities are defined AB 2491 Page 3 by each school district in accordance with regulations established by the 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. In 2008-09, the most recent year for which enrollment data are available, there were approximately 533,000 GATE students in California. School districts 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 a GATE program. The application must demonstrate that the district's identification procedures are equitable, comprehensive, and ongoing. Applications must address the nomination/referral process used in the program, describe the assessment/identification process to ensure that potentially gifted students are appropriately assessed for identification as gifted students, and describe service options available within the program and between other educational programs. Applicants must also demonstrate that placement is based on the assessed needs of the student and is periodically reviewed. 3) GATE demographics . According to the Mid-Atlantic Equity Center at George Washington University, the disproportional representation of culturally, linguistically, and ethnically diverse and low-income students in gifted and talented programs has been a persistent issue for many decades, with the percentage of minority students constituting gifted and talented below their percentage make up of total enrollment. California enrollment data for 2008 appears to support this finding. For example, Hispanic or Latino students constituted about 49% of the total pupil population in 2008, but represented only 31% of GATE statewide enrollment. Although this bill would require applicant districts to describe the process used to identify students from diverse backgrounds who may be eligible for GATE, the bill does not require that description to meet any specific standard or best practice. 4) Impact of categorical flexibility . The Gifted and Talented Pupil Program is one of about 60 categorical programs that AB 2491 Page 4 serve specific goals or populations. GATE funding is included in the categorical program flexibility (Tier 3), allowing school districts to use GATE funding for any educational purpose through the 2014-15 fiscal year. It is unclear how many school districts have reduced or eliminated GATE programs under categorical flexibility and it is unclear how funding reduction has impacted enrollment in GATE programs. As a result of the flexibility, the CDE has not required GATE programs to submit reports or applications to continue to receive GATE funding during the period of flexibility. Further, the CDE indicates it has suspended the review of applications and will not make GATE applications available for local education agencies to propose new GATE programs during the flexibility period. Consequently, AB 2491 would have no effect or force until Tier 3 flexibility expires in 2014-15 or later if the Legislature extends it. Given the uncertain implementation of AB 2491, staff recommends the bill be amended to delete 52212(c) of the bill and instead require the SBE to adopt a stronger standard for pupil assessment and identification to ensure that GATE programs meet the Legislature's intent that pupils from economically disadvantaged and varying cultural backgrounds are provided with full participation in the GATE program. This approach would enable the SBE to specify the minimum, commendable, and exemplary standards applicant districts would need to meet with regard to determining pupil eligibility and would provide a stronger mechanism to tie the length of program approval to the quality of the process described. To minimize the cost associated with strengthening the standard, this requirement should be accomplished when the SBE next revises the 2005 standards. SUPPORT American Federation of State, County and Municipal Employees, AFL-CIO California Association for the Gifted OPPOSITION None received. 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