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.