BILL NUMBER: AB 2491	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 24, 2012

   An act to amend Section  52201   52212 
of the Education Code, relating to pupil instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2491, as amended, Blumenfield. Pupil instruction: gifted and
talented pupil  program.   program: application
approval. 
   Existing law authorizes a school district to provide a program for
gifted and talented pupils, as specified  , and requires each
applicant school district to submit an application for approval for a
proposed program for gifted and talented pupils to the State Board
of Education  . Existing law  defines "participating
pupil" as a pupil identified as a gifted and talented pupil who takes
part in a gifted and talented pupil program for at least one
semester of a school year   requires an application to
be approved for a period of one, 2, or 3 years, or denied, based on
the quality of the plan, in accordance with criteria  
adopted by the state board  .
   This bill would  change the definition of "participating
pupil" to mean a gifted and talented pupil who takes part in a gifted
and talented pupil program for at least one school year 
 require the state board not to approve an application for a
period of more than one year unless the application describes the
processes used by the applicant school district to identify for
eligibility in the program, pupils of ethnic minorities and pupils of
diverse socioeconomic status  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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 
 state board  . 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   state board  . Those criteria shall
be reviewed by the  state  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,  and  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  
state board  , 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   department
 and made available to  school  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  board 
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  school  districts's program for gifted and
talented pupils is exemplary. 
   (c) Notwithstanding subdivisions (a) and (b), an application shall
not be approved by the state board for a period of more than one
year unless the application describes the processes used by the
applicant school district to identify for eligibility in the program,
pupils of ethnic minorities and pupils of diverse socioeconomic
status.  
  SECTION 1.    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 school
year.