BILL ANALYSIS �
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
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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
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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
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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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