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