Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H523 Compare Versions

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2434 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 523
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Meghan Kilcoyne
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to educational equity for gifted and beyond grade-level children.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan Kilcoyne12th Worcester1/18/2023Gerard J. Cassidy9th Plymouth3/7/2023James C. Arena-DeRosa8th Middlesex3/13/2023 1 of 15
16	16	HOUSE DOCKET, NO. 2434 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 523
18	18	By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 523) of
19	19	Meghan Kilcoyne, Gerard J. Cassidy and James C. Arena-DeRosa relative to gifted and beyond
20	20	grade-level children. Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to educational equity for gifted and beyond grade-level children.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Within Title XII, after Chapter 71B, insert Chapter 71C, titled, “Education
30	30	2of Gifted and Beyond Grade-level Students” together with the following Sections:
31	31	3 Section 1. Purposes
32	32	4 The purposes of this chapter are--
33	33	5 (1) to ensure that all gifted and beyond grade-level children have available to them a
34	34	6free appropriate public education that emphasizes gifted education and related services designed
35	35	7to meet their unique needs and prepare them for further education, employment, and independent
36	36	8living;
37	37	9 (2) to ensure that the rights of gifted and/or beyond grade-level children and parents of
38	38	10such children are protected; 2 of 15
39	39	11 (3) to assist the Department and school districts of the Commonwealth to support and
40	40	12uncover emerging talent and to provide the opportunity for gifted and/or beyond grade-level
41	41	13children to experience an education so they, too, can develop to their potential as specified for all
42	42	14children in Section 1 of Chapter 69;
43	43	15 (b) to assist districts in the implementation of a comprehensive, coordinated,
44	44	16multidisciplinary, interagency system of intervention services for gifted and beyond grade-level
45	45	17children and their families;
46	46	18 (c) to ensure that educators and parents have the necessary tools to improve
47	47	19developmental, social, and emotional, as well as academic results for gifted and/or beyond grade-
48	48	20level children by supporting system improvement activities; coordinated research and personnel
49	49	21preparation; coordinated technical assistance, dissemination, and support; and technology
50	50	22development and media services; and
51	51	23 (d) to assess and ensure the effectiveness of efforts to recognize, educate and develop
52	52	24gifted and beyond grade-level children.
53	53	25
54	54	26 Section 2. Definitions
55	55	27 The following words as used in this chapter shall have the following meanings, unless the
56	56	28context clearly requires otherwise:
57	57	29 “Beyond grade-level”, students achieving or capable of achieving beyond the curriculum
58	58	30level appropriate for the majority of students of the same chronological age. Beyond grade-level
59	59	31students exist in every race, ethnicity, gender, religion, geographical and income groups; these 3 of 15
60	60	32children may also be English Learners and/or have one or more disabilities. Their learning needs,
61	61	33growth trajectories and domains of strengths vary from individual to individual and, over time,
62	62	34and are impacted by their environment.
63	63	35 “Board”, the board of elementary and secondary education
64	64	36 ''Department'', the department of elementary and secondary education.
65	65	37 ''Free appropriate public education'', gifted education and related services as gifted and
66	66	38beyond-grade level children may require so they may attain, through their public school
67	67	39education, the personal developmental goals, qualities, characteristics and skills, which other
68	68	40children generally acquire through being challenged appropriately to their needs, in public
69	69	41schools using the education standards established by statute or established by regulations
70	70	42promulgated by the board of education. Such gifted education and related services provided to
71	71	43beyond grade-level or gifted children shall be reasonably calculated to enable them to make
72	72	44progress appropriate in light of the child’s circumstances.
73	73	45
74	74	46 “Gifted and talented”, children, or youth who give evidence of high achievement
75	75	47capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific
76	76	48academic fields, and who need services or activities not ordinarily provided by the school in
77	77	49order to fully develop those capabilities (the same as defined by the Every Student Succeeds Act
78	78	50(ESSA), P.L. 114-95 (Title VIII, Part A, Definition 27); (20 USC 7801(27)). The term includes
79	79	51children who are defined as beyond grade level, performing or capable of performing beyond the
80	80	52curriculum level appropriate for the majority of students of the same chronological age. The term
81	81	53gifted and talented, as used in this section, shall include highly or profoundly gifted, and twice- 4 of 15
82	82	54exceptional children, unless otherwise specified. Gifted and talented children exist in every race,
83	83	55ethnicity, gender, religion, geographical and income groups; these children may also be English
84	84	56Learners and/or have one or more disabilities. Their learning needs, growth trajectories and
85	85	57domains of strengths vary from individual to individual and, over time, and are impacted by their
86	86	58environment.
87	87	59 “Gifted education”, educational, programs and assignments including to special classes
88	88	60and programs or services designed to develop the educational and developmental potential of
89	89	61gifted children including, but not limited to, educational placements of children by school
90	90	62committees, the departments of public health, mental health, developmental services, youth
91	91	63services and children and families in accordance with the provisions of this chapter and the
92	92	64regulations set forth by the board. Such programs, services and assignments are to be reasonably
93	93	65calculated to enable the child to make effective progress in light of the child’s circumstances.
94	94	66
95	95	67 “Gifted school age child”, a school age child in a public or non-public school setting
96	96	68who, because of advanced learning abilities, is unable to progress effectively, in light of the
97	97	69child’s circumstances, in the regular education program and, thereby, requires special education
98	98	70services; including a school age child who requires only a related service or related services to
99	99	71ensure access of the gifted child to a free appropriate public education.
100	100	72
101	101	73 No child shall be denied gifted services solely because such child shall have failed the
102	102	74statewide assessment tests authorized pursuant to section 1I of chapter 69 or other academic
103	103	75assessment. The use of the word gifted in this section shall not be used to provide a basis for 5 of 15
104	104	76labeling or stigmatizing the child or defining the needs of the child and shall in no way limit the
105	105	77services, programs, and opportunities provided to such child.
106	106	78
107	107	79 “Highly or profoundly gifted”, certain gifted and talented children who present in low
108	108	80incidence within the population of children requiring gifted and talented education.
109	109	81 “Most productive environment”, the educational placement that assures that, to the
110	110	82maximum extent appropriate, gifted and beyond grade-level children, including children in
111	111	83public or private institutions or other care facilities, are educated together with other children
112	112	84who are their academic and developmental peers in the regular public school classroom or in
113	113	85special classes, or separate schooling when their appropriate education cannot be achieved
114	114	86satisfactorily within the regular public school classroom.
115	115	87
116	116	88 “Regular education”, the school program and pupil assignment which normally leads the
117	117	89majority of the student population to achieve the necessary knowledge and skills required to
118	118	90successfully advance to college preparatory or technical education or to a career.
119	119	91
120	120	92 “School age child”, any person of ages five through twenty-one who has not attained a
121	121	93high school diploma or its equivalent.
122	122	94 6 of 15
123	123	95 “School age child requiring gifted education”, a gifted child who requires special gifted
124	124	96education as determined in accordance with the provisions of this chapter and the regulations set
125	125	97forth by the board.
126	126	98
127	127	99 “Talent Development”, Finding, recognizing and cultivating strengths of a student’s
128	128	100emergent potential.
129	129	101
130	130	102 “Twice-exceptional”, students who may be gifted and talented or beyond grade-level
131	131	103who may also have one or more learning disabilities.
132	132	104
133	133	105 Section 3. Board to Create Regulations
134	134	106 The board shall promulgate regulations regarding educational services, programs and
135	135	107learning opportunities for gifted and talented children, beyond grade-level children, twice-
136	136	108exceptional children, and highly or profoundly gifted children, including, but not limited to:
137	137	109 A comprehensive definition of each above term, along with other related terms, which
138	138	110definition shall emphasize a thorough, narrative description of each child's development potential
139	139	111so as to minimize the possibility of stigmatization and to assure a free and appropriate public
140	140	112education in the most productive environment for the child.
141	141	113 Defining state-, district-, and school-level responsibility, oversight, and associated
142	142	114accountability standards to ensure that each such child is recognized and educated according to 7 of 15
143	143	115the requirements of Chapter 69, Section 1 and of Title XII, generally, and that these measures
144	144	116extend to gifted and beyond grade-level children of every race, ethnicity, gender, age, religion,
145	145	117geographical and income groups, English Learner or disability status. This shall include a talent
146	146	118development framework to find and cultivate strengths of a student’s latent and emergent
147	147	119potential as well as providing a learning environment that acknowledges and supports the
148	148	120academic and social-emotional needs of students already achieving at advanced levels, and
149	149	121encourages growth beyond proficiency.
150	150	122
151	151	123 Provisions for the education of all gifted children such that their needs are met through
152	152	124programming provided within-district and, for highly and profoundly gifted children, within
153	153	125programs of the special education collaboratives of the Commonwealth, within state-operated or
154	154	126-contracted day or residential schools, or within private placements.
155	155	127
156	156	128 Section 4: Agreements between school committees or with public or private schools
157	157	129 The school committee of any city, town or school district may, to meet its obligations
158	158	130under section three, with the approval of the department enter into an agreement with any other
159	159	131school committee to jointly provide gifted and talented education or, subject to the consent of the
160	160	132parent or guardian affected thereby and subject to constitutional limitations, may enter into an
161	161	133agreement with any public or private school, agency, or institution to provide the necessary
162	162	134gifted and talented education within the city, town or school district; provided, however, that
163	163	135every school committee, where feasible, shall be associated with an educational collaborative 8 of 15
164	164	136providing services to certain gifted and talented children who are highly or profoundly gifted,
165	165	137and/or are low incidence in the population of children requiring gifted and talented education.
166	166	138 In the case of an agreement between school committees to jointly provide gifted and
167	167	139talented education, said agreement shall designate one city, town or school district as the
168	168	140operating agent. Funds received by such operating agent from other cities, towns or school
169	169	141districts or appropriated by such operating agent for the purposes of such agreement, in addition
170	170	142to gifts and grants, shall be deposited with and held as a separate account by its treasurer. The
171	171	143school committee may apply said funds to the costs of services or programs operated pursuant to
172	172	144the agreement without further appropriation.
173	173	145
174	174	146 Section 5: Costs or obligations; payment; budget
175	175	147 Any school committee which provides or arranges for the provision of gifted education
176	176	148for highly or profoundly gifted or twice-exceptional children and/or other low-incidence gifted
177	177	149children pursuant to the provisions of section four shall pay for such special education personnel,
178	178	150materials and equipment, tuition, room and board, transportation, rent and consultant services as
179	179	151are necessary for the provision of gifted and talented education; provided, however, that the
180	180	152school committee shall not be obligated to pay for health care goods or services to the extent that
181	181	153such goods or services constitute medically necessary treatment for disease, illness, injury, or
182	182	154bodily dysfunction which would be covered by a third party payor but for a school-aged child's
183	183	155eligibility for such goods and services under this chapter; provided, further, that the
184	184	156determination of medical necessity shall be made by the third party payor under its standard
185	185	157program of utilization review, that the school-aged gifted and talented child with a disability or 9 of 15
186	186	158his parent or guardian if he is a minor shall have the right to freedom of choice in the election of
187	187	159the provider of health care goods and services, and that the provider of health care goods and
188	188	160services does not have a direct or indirect financial relationship to the school committee; and
189	189	161provided, further, that school committees may accept payment for health care goods and services
190	190	162provided by certified school committee employees from third party payors other than the
191	191	163program of medical care and assistance established under chapter one hundred and eighteen E
192	192	164except as provided under section seventy-two of chapter forty-four. Where no such third party
193	193	165payor is available, school committees are not relieved of their responsibilities under this chapter.
194	194	166
195	195	167 Section 6. Annual Reporting by Districts on Gifted Education
196	196	168 Each school district shall report to the department, on an annual basis, the following
197	197	169elements as they are described in the federal Every Student Succeeds Act (Public Law 114-95):
198	198	170 a description of the manner in which its application of federal funds, as per 20 U.S.C. s
199	199	1716312, will assist schools in identifying and serving gifted and talented students.
200	200	172 a description of the manner in which its application of federal funds will provide services,
201	201	173programs and activities, as per 20 U.S.C s. 6613, which will address the learning needs of gifted
202	202	174and talented students
203	203	175 a description of the manner in which its application of federal funds will provide training,
204	204	176as per 20 U.S.C s. 6613, to support the identification of students, of every grade level, who are
205	205	177gifted and talented, including high-ability students who have not been formally identified for 10 of 15
206	206	178gifted education services, and implementing instructional practices that support the education of
207	207	179such students, such as
208	208	180 early entrance to kindergarten
209	209	181 enrichment, acceleration and curriculum compacting activities
210	210	182 dual or concurrent enrollment programs in secondary school and post-secondary
211	211	183education.
212	212	184 The manner in which each homeless child or youth shall be provided services for gifted
213	213	185and talented and beyond grade-level students comparable to services offered to other students in
214	214	186the school selected.
215	215	187
216	216	188 Each school district shall report to the department, on an annual basis, the total number of
217	217	189gifted and/or beyond grade level children served; and the number by each of race/ethnicity,
218	218	190gender, disability under IDEA, disability under Section 504, limited English proficiency, and
219	219	191eligibility for free and reduced lunch.
220	220	192
221	221	193 Section 7. Annual Reporting by the Department
222	222	194 The department, each year, shall publish in a prominent location on its website the
223	223	195following: 11 of 15
224	224	196 a description as required by 20 U.S.C. s. 6611 of how the department will improve the
225	225	197skills of teachers, principals or other school leaders in order to enable them to identify students
226	226	198who are gifted and talented and provide instruction based on the needs of such students.
227	227	199 a description of how the department’s application of federal Title I funds through
228	228	200services, programs, and activities shall address the learning needs of gifted and talented students.
229	229	201 a description for each district as to the elements reported pursuant to Section 6 of Chapter
230	230	20271C.
231	231	203 a description of the information related to gifted and talented and beyond grade-level
232	232	204professional development reported to the department pursuant to Chapter 71 Section 38Q.
233	233	205 a listing of specific school districts claiming to have gifted and talented programs and
234	234	206their contact information
235	235	207 SECTION 2. Section 1 of Chapter 69 of the General laws, as appearing in the 2020
236	236	208Official Edition, is hereby amended by inserting after the phrase, “including a limited English
237	237	209proficient student as defined in section 1 of chapter 71A,” the following words:
238	238	210 “ including beyond grade-level and gifted and talented students as defined by regulations
239	239	211established pursuant to Section 3 of Chapter 71C”
240	240	212 SECTION 3. Chapter 69 Section 1A of the General Laws, as appearing in the Official
241	241	213Edition, is hereby amended by inserting the following text at the end of the second paragraph.
242	242	214 “ There shall be within the department an office of beyond grade-level and gifted and
243	243	215talented education to assist the commissioner in overseeing and monitoring the development and
244	244	216implementation of appropriate beyond grade-level and gifted and talented education and assist 12 of 15
245	245	217the Board of Elementary and Secondary Education in meeting its obligations to gifted and
246	246	218talented and beyond grade-level students under chapter 69 section 1B. The office shall compile
247	247	219best practices relative to effective programs, services, and techniques to assist beyond-grade-
248	248	220level and gifted and talented students in receiving an education meaningful for them and shall
249	249	221disseminate such information to school districts on, at least, an annual basis. The department
250	250	222shall allocate its resources to employ a full-time director of said office responsible for education
251	251	223of beyond-grade-level and gifted and talented students throughout the commonwealth. Said
252	252	224director position shall be filled by a person with qualifications, experience and demonstrated
253	253	225expertise in the field of gifted education policy.”
254	254	226 SECTION 4. Chapter 69 Section 1B of the General Laws, as appearing in the Official
255	255	227Edition, is hereby amended by inserting “ gifted and talented programs and the number of
256	256	228students served within,” following “special programs, ” in the third line of the seventh paragraph.
257	257	229 SECTION 5. Chapter 70 of the General Laws, as appearing in the Official Edition, is
258	258	230hereby amended by inserting the following new section:
259	259	231 “Section 16. The Department of Elementary and Secondary Education shall establish a
260	260	232professional development program in gifted and talented education which will provide access to
261	261	233certain educators across the Commonwealth, fifteen hours of professional development in the
262	262	234specific field of the education of gifted and talented and beyond grade-level students. Fifteen
263	263	235hours of such professional development shall be completed in any five year period for the
264	264	236renewal of licensure for any educators, including administrators, whose classrooms, schools, or
265	265	237districts contain one or more beyond-grade level student or students identified, or who could be
266	266	238identified as gifted and talented as defined in Section 2 of Chapter 71C, or as determined by a 13 of 15
267	267	239school district professional or any other professional working in the field of psychology, gifted
268	268	240education or who regularly provides services of educational assessments.”
269	269	241 SECTION 6. Chapter 71 Section 38G of the General Laws, as appearing in the 2020
270	270	242Official Edition, shall be amended by inserting after the sentence, “In addition to any other
271	271	243requirements in this section, in order to receive a provisional or standard educator certificate,
272	272	244persons applying for such certification shall have completed such courses or training sessions as
273	273	245the board shall require in second language acquisition” the following words:
274	274	246 “In addition to any other requirements of this section, in order to receive a provisional or
275	275	247standard educator certificate, persons applying for such certification shall have completed such
276	276	248courses or training sessions as the board shall require in gifted and talented education. The board
277	277	249shall establish such requirements as recommended by generally-accepted standards in the field of
278	278	250gifted and talented education.
279	279	251 In addition to any other requirements of this section, the board shall require, as a
280	280	252provision of an administrator's or an educator's initial certification, that all educators and
281	281	253administrators shall have training in strategies for effective education of beyond grade-level and
282	282	254gifted and talented students as defined in Section 2 of Chapter 71C.”
283	283	255 SECTION 7. Chapter 71 Section 38Q of the General Laws, as appearing in the 2020
284	284	256Official Edition, shall be amended by inserting in the first paragraph the following text:
285	285	257 “ In any school district with gifted and talented students as defined in Section 2 of
286	286	258Chapter 71C, the plan shall provide training for administrators and teachers in gifted education,
287	287	259and shall state how such training will support the needs of gifted and talented students. Each
288	288	260school district shall report to the department, on an annual basis, the gifted education training 14 of 15
289	289	261provided by the district, the number of educators in the district receiving such training and the
290	290	262total number of hours received. Each school district shall report to the department, on an annual
291	291	263basis, the specific ways in which its Title II Part A programs and activities address the learning
292	292	264needs of beyond grade-level and gifted and talented students and is improving the education of
293	293	265beyond grade-level and gifted and talented students.”
294	294	266 after the sentence, “In any school district with limited English proficient students, the
295	295	267plan shall provide training for teachers in second language acquisition techniques for the re-
296	296	268certification of teachers and administrators.”
297	297	269 SECTION 8. Chapter 71 Section 38Q of the General Laws, as appearing in the 2020
298	298	270Official Edition, shall be amended by inserting the following sentence after the second sentence
299	299	271of the second paragraph, which ends with the words “limited English proficient students.” the
300	300	272following text:
301	301	273 “ The plan shall include data that demonstrates, statewide and by school district, the types
302	302	274of professional development provided for educators who work with beyond grade-level, gifted
303	303	275and talented, highly or profoundly gifted, and twice-exceptional students, all as defined in
304	304	276Section 2 of Chapter 71C.”
305	305	277 SECTION 9. Chapter 71 Section 38Q1/2 of the General Laws, as appearing in the 2020
306	306	278Official Edition, shall be amended by inserting after the sentence ending in “under Chapter 71B”
307	307	279the following words:
308	308	280 “The plan shall provide pathways of accommodations and interventions for beyond
309	309	281grade-level, gifted and talented, highly or profoundly gifted, and twice-exceptional students, as
310	310	282they are defined in Section 2 of Chapter 71C, including, among such provisions, the specification 15 of 15
311	311	283of curriculum compacting and acceleration protocols for individual subjects or whole grade, as
312	312	284appropriate for the student.”