California Assembly Bill AB2491 Amended / Bill

 BILL NUMBER: AB 2491AMENDED 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.