California Assembly Bill AB2491 Amended / Bill

 BILL NUMBER: AB 2491AMENDED BILL TEXT AMENDED IN SENATE AUGUST 6, 2012 AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Blumenfield FEBRUARY 24, 2012 An act to amend Section  52212   52203  of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST AB 2491, as amended, Blumenfield. Pupil instruction: gifted and talented pupil program:  application approval.   standard for pupil identification.   Existing law states the intent of the Legislature to improve the quality of existing programs for gifted and talented pupils, and to ensure that pupils from economically disadvantaged and varying cultural backgrounds be provided with full participation in gifted and talented education (GATE) programs. Existing law requires the State Board of Education to review criteria, as specified, for programs for gifted and talented pupils proposed by applicant school districts.   This bill would, upon the next revision of the specified criteria, require the state board to adopt a standard for pupil identification to ensure the identification procedures of an applicant school district provide economically disadvantaged pupils and pupils of varying cultural backgrounds with full participation in GATE programs, and would make other nonsubstantive changes.   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 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 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: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 52203 of the   Education Code   is amended to read:  52203.  (a)    The  State Board of Education   state board  shall maintain regulations governing the following areas:  (a)   (1)  Procedures that school district governing boards shall use in identifying gifted and talented pupils who are eligible for the program and in providing programs pursuant to this chapter.  (b)   (2)  Definitions of special day classes, part-time grouping, enrichment activities, cluster grouping, independent study, acceleration, postsecondary education opportunities  ,  and other programs that the  State Board of Education   state board  deems appropriate.  (c)   (3)  Establishment of allowable indirect cost expenditures that may be funded by gifted and talented program funds.  (d)   (4)  Other areas that the  state  board deems necessary to implement fully the intent and provisions of this chapter.  (b) Upon the next revision of the criteria adopted pursuant to Section 52212, the state board shall adopt a standard for pupil identification to ensure the identification procedures of an applicant school district provide economically disadvantaged pupils and pupils of varying cultural backgrounds with full participation in the programs pursuant to this chapter.   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. The application shall be submitted in the form and manner prescribed by the Superintendent. 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. 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 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, 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 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.