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 districts's program for gifted and talented pupils is exemplary.