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HOUSE DOCKET, NO. 94 FILED ON: 1/6/2025
HOUSE . . . . . . . . . . . . . . . No. 663
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kelly W. Pease
_________________
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:Kelly W. Pease4th Hampden1/6/2025 1 of 14
HOUSE DOCKET, NO. 94 FILED ON: 1/6/2025
HOUSE . . . . . . . . . . . . . . . No. 663
By Representative Pease of Westfield, a petition (accompanied by bill, House, No. 663) of Kelly
W. Pease relative to education for gifted and beyond grade-level children. Education.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
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 free
6appropriate public education that emphasizes gifted education and related services designed to
7meet 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 14
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 Section 2. Definitions
26 The following words as used in this chapter shall have the following meanings, unless the
27context clearly requires otherwise:
28 “Beyond grade-level”, students achieving or capable of achieving beyond the curriculum
29level appropriate for the majority of students of the same chronological age. Beyond grade-level
30students exist in every race, ethnicity, gender, religion, geographical and income groups; these
31children may also be English Learners and/or have one or more disabilities. Their learning needs, 3 of 14
32growth trajectories and domains of strengths vary from individual to individual and, over time,
33and are impacted by their environment.
34 “Board”, the board of elementary and secondary education
35 ''Department'', the department of elementary and secondary education.
36 ''Free appropriate public education'', gifted education and related services as gifted and
37beyond-grade level children may require so they may attain, through their public school
38education, the personal developmental goals, qualities, characteristics and skills, which other
39children generally acquire through being challenged appropriately to their needs, in public
40schools using the education standards established by statute or established by regulations
41promulgated by the board of education. Such gifted education and related services provided to
42beyond grade-level or gifted children shall be reasonably calculated to enable them to make
43progress appropriate in light of the child’s circumstances.
44 “Gifted and talented”, children, or youth who give evidence of high achievement
45capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific
46academic fields, and who need services or activities not ordinarily provided by the school in
47order to fully develop those capabilities (the same as defined by the Every Student Succeeds Act
48(ESSA), P.L. 114-95 (Title VIII, Part A, Definition 27); (20 USC 7801(27)). The term includes
49children who are defined as beyond grade level, performing or capable of performing beyond the
50curriculum level appropriate for the majority of students of the same chronological age. The term
51gifted and talented, as used in this section, shall include highly or profoundly gifted, and twice-
52exceptional children, unless otherwise specified. Gifted and talented children exist in every race,
53ethnicity, gender, religion, geographical and income groups; these children may also be English 4 of 14
54Learners and/or have one or more disabilities. Their learning needs, growth trajectories and
55domains of strengths vary from individual to individual and, over time, and are impacted by their
56environment.
57 “Gifted education”, educational, programs and assignments including to special classes
58and programs or services designed to develop the educational and developmental potential of
59gifted children including, but not limited to, educational placements of children by school
60committees, the departments of public health, mental health, developmental services, youth
61services and children and families in accordance with the provisions of this chapter and the
62regulations set forth by the board. Such programs, services and assignments are to be reasonably
63calculated to enable the child to make effective progress in light of the child’s circumstances.
64 “Gifted school age child”, a school age child in a public or non-public school setting
65who, because of advanced learning abilities, is unable to progress effectively, in light of the
66child’s circumstances, in the regular education program and, thereby, requires special education
67services; including a school age child who requires only a related service or related services to
68ensure access of the gifted child to a free appropriate public education.
69 No child shall be denied gifted services solely because such child shall have failed the
70statewide assessment tests authorized pursuant to section 1I of chapter 69 or other academic
71assessment. The use of the word gifted in this section shall not be used to provide a basis for
72labeling or stigmatizing the child or defining the needs of the child and shall in no way limit the
73services, programs, and opportunities provided to such child.
74 “Highly or profoundly gifted”, certain gifted and talented children who present in low
75incidence within the population of children requiring gifted and talented education. 5 of 14
76 “Most productive environment”, the educational placement that assures that, to the
77maximum extent appropriate, gifted and beyond grade-level children, including children in
78public or private institutions or other care facilities, are educated together with other children
79who are their academic and developmental peers in the regular public school classroom or in
80special classes, or separate schooling when their appropriate education cannot be achieved
81satisfactorily within the regular public school classroom.
82 “Regular education”, the school program and pupil assignment which normally leads the
83majority of the student population to achieve the necessary knowledge and skills required to
84successfully advance to college preparatory or technical education or to a career.
85 “School age child”, any person of ages five through twenty-one who has not attained a
86high school diploma or its equivalent.
87 “School age child requiring gifted education”, a gifted child who requires special gifted
88education as determined in accordance with the provisions of this chapter and the regulations set
89forth by the board.
90 “Talent Development”, Finding, recognizing and cultivating strengths of a student’s
91emergent potential.
92 “Twice-exceptional”, students who may be gifted and talented or beyond grade-level who
93may also have one or more learning disabilities.
94 Section 3. Board to Create Regulations 6 of 14
95 The board shall promulgate regulations regarding educational services, programs and
96learning opportunities for gifted and talented children, beyond grade-level children, twice-
97exceptional children, and highly or profoundly gifted children, including, but not limited to:
98 A comprehensive definition of each above term, along with other related terms, which
99definition shall emphasize a thorough, narrative description of each child's development potential
100so as to minimize the possibility of stigmatization and to assure a free and appropriate public
101education in the most productive environment for the child.
102 Defining state-, district-, and school-level responsibility, oversight, and associated
103accountability standards to ensure that each such child is recognized and educated according to
104the requirements of Chapter 69, Section 1 and of Title XII, generally, and that these measures
105extend to gifted and beyond grade-level children of every race, ethnicity, gender, age, religion,
106geographical and income groups, English Learner or disability status. This shall include a talent
107development framework to find and cultivate strengths of a student’s latent and emergent
108potential as well as providing a learning environment that acknowledges and supports the
109academic and social-emotional needs of students already achieving at advanced levels, and
110encourages growth beyond proficiency.
111 Provisions for the education of all gifted children such that their needs are met through
112programming provided within-district and, for highly and profoundly gifted children, within
113programs of the special education collaboratives of the Commonwealth, within state-operated or
114-contracted day or residential schools, or within private placements.
115 Section 4: Agreements between school committees or with public or private schools 7 of 14
116 The school committee of any city, town or school district may, to meet its obligations
117under section three, with the approval of the department enter into an agreement with any other
118school committee to jointly provide gifted and talented education or, subject to the consent of the
119parent or guardian affected thereby and subject to constitutional limitations, may enter into an
120agreement with any public or private school, agency, or institution to provide the necessary
121gifted and talented education within the city, town or school district; provided, however, that
122every school committee, where feasible, shall be associated with an educational collaborative
123providing services to certain gifted and talented children who are highly or profoundly gifted,
124and/or are low incidence in the population of children requiring gifted and talented education.
125 In the case of an agreement between school committees to jointly provide gifted and
126talented education, said agreement shall designate one city, town or school district as the
127operating agent. Funds received by such operating agent from other cities, towns or school
128districts or appropriated by such operating agent for the purposes of such agreement, in addition
129to gifts and grants, shall be deposited with and held as a separate account by its treasurer. The
130school committee may apply said funds to the costs of services or programs operated pursuant to
131the agreement without further appropriation.
132 Section 5: Costs or obligations; payment; budget
133 Any school committee which provides or arranges for the provision of gifted education
134for highly or profoundly gifted or twice-exceptional children and/or other low-incidence gifted
135children pursuant to the provisions of section four shall pay for such special education personnel,
136materials and equipment, tuition, room and board, transportation, rent and consultant services as
137are necessary for the provision of gifted and talented education; provided, however, that the 8 of 14
138school committee shall not be obligated to pay for health care goods or services to the extent that
139such goods or services constitute medically necessary treatment for disease, illness, injury, or
140bodily dysfunction which would be covered by a third party payor but for a school-aged child's
141eligibility for such goods and services under this chapter; provided, further, that the
142determination of medical necessity shall be made by the third party payor under its standard
143program of utilization review, that the school-aged gifted and talented child with a disability or
144his parent or guardian if he is a minor shall have the right to freedom of choice in the election of
145the provider of health care goods and services, and that the provider of health care goods and
146services does not have a direct or indirect financial relationship to the school committee; and
147provided, further, that school committees may accept payment for health care goods and services
148provided by certified school committee employees from third party payors other than the
149program of medical care and assistance established under chapter one hundred and eighteen E
150except as provided under section seventy-two of chapter forty-four. Where no such third party
151payor is available, school committees are not relieved of their responsibilities under this chapter.
152 Section 6. Annual Reporting by Districts on Gifted Education
153 Each school district shall report to the department, on an annual basis, the following
154elements as they are described in the federal Every Student Succeeds Act (Public Law 114-95):
155 a description of the manner in which its application of federal funds, as per 20 U.S.C. s
1566312, will assist schools in identifying and serving gifted and talented students.
157 a description of the manner in which its application of federal funds will provide services,
158programs and activities, as per 20 U.S.C s. 6613, which will address the learning needs of gifted
159and talented students 9 of 14
160 a description of the manner in which its application of federal funds will provide training,
161as per 20 U.S.C s. 6613, to support the identification of students, of every grade level, who are
162gifted and talented, including high-ability students who have not been formally identified for
163gifted education services, and implementing instructional practices that support the education of
164such students, such as
165 early entrance to kindergarten
166 enrichment, acceleration and curriculum compacting activities
167 dual or concurrent enrollment programs in secondary school and post-secondary
168education.
169 The manner in which each homeless child or youth shall be provided services for gifted
170and talented and beyond grade-level students comparable to services offered to other students in
171the school selected.
172 Each school district shall report to the department, on an annual basis, the total number
173of gifted and/or beyond grade level children served; and the number by each of race/ethnicity,
174gender, disability under IDEA, disability under Section 504, limited English proficiency, and
175eligibility for free and reduced lunch.
176 Section 7. Annual Reporting by the Department
177 The department, each year, shall publish in a prominent location on its website the
178following: 10 of 14
179 a description as required by 20 U.S.C. s. 6611 of how the department will improve the
180skills of teachers, principals or other school leaders in order to enable them to identify students
181who are gifted and talented and provide instruction based on the needs of such students.
182 a description of how the department’s application of federal Title I funds through
183services, programs, and activities shall address the learning needs of gifted and talented students.
184 a description for each district as to the elements reported pursuant to Section 6 of Chapter
18571C.
186 a description of the information related to gifted and talented and beyond grade-level
187professional development reported to the department pursuant to Chapter 71 Section 38Q.
188 a listing of specific school districts claiming to have gifted and talented programs and
189their contact information
190 SECTION 2. Section 1 of Chapter 69 of the General laws, as appearing in the 2020
191Official Edition, is hereby amended by inserting after the phrase, “including a limited English
192proficient student as defined in section 1 of chapter 71A,” the following words:
193 “ including beyond grade-level and gifted and talented students as defined by regulations
194established pursuant to Section 3 of Chapter 71C”
195 SECTION 3. Chapter 69 Section 1A of the General Laws, as appearing in the Official
196Edition, is hereby amended by inserting the following text at the end of the second paragraph.
197 “ There shall be within the department an office of beyond grade-level and gifted and
198talented education to assist the commissioner in overseeing and monitoring the development and
199implementation of appropriate beyond grade-level and gifted and talented education and assist 11 of 14
200the Board of Elementary and Secondary Education in meeting its obligations to gifted and
201talented and beyond grade-level students under chapter 69 section 1B. The office shall compile
202best practices relative to effective programs, services, and techniques to assist beyond-grade-
203level and gifted and talented students in receiving an education meaningful for them and shall
204disseminate such information to school districts on, at least, an annual basis. The department
205shall allocate its resources to employ a full-time director of said office responsible for education
206of beyond-grade-level and gifted and talented students throughout the commonwealth. Said
207director position shall be filled by a person with qualifications, experience and demonstrated
208expertise in the field of gifted education policy.”
209 SECTION 4. Chapter 69 Section 1B of the General Laws, as appearing in the Official
210Edition, is hereby amended by inserting “ gifted and talented programs and the number of
211students served within,” following “special programs, ” in the third line of the seventh paragraph.
212 SECTION 5. Chapter 70 of the General Laws, as appearing in the Official Edition, is
213hereby amended by inserting the following new section:
214 “Section 16. The Department of Elementary and Secondary Education shall establish a
215professional development program in gifted and talented education which will provide access to
216certain educators across the Commonwealth, fifteen hours of professional development in the
217specific field of the education of gifted and talented and beyond grade-level students. Fifteen
218hours of such professional development shall be completed in any five year period for the
219renewal of licensure for any educators, including administrators, whose classrooms, schools, or
220districts contain one or more beyond-grade level student or students identified, or who could be
221identified as gifted and talented as defined in Section 2 of Chapter 71C, or as determined by a 12 of 14
222school district professional or any other professional working in the field of psychology, gifted
223education or who regularly provides services of educational assessments.”
224 SECTION 6. Chapter 71 Section 38G of the General Laws, as appearing in the 2020
225Official Edition, shall be amended by inserting after the sentence, “In addition to any other
226requirements in this section, in order to receive a provisional or standard educator certificate,
227persons applying for such certification shall have completed such courses or training sessions as
228the board shall require in second language acquisition” the following words:
229 “In addition to any other requirements of this section, in order to receive a provisional or
230standard educator certificate, persons applying for such certification shall have completed such
231courses or training sessions as the board shall require in gifted and talented education. The board
232shall establish such requirements as recommended by generally-accepted standards in the field of
233gifted and talented education.
234 In addition to any other requirements of this section, the board shall require, as a
235provision of an administrator's or an educator's initial certification, that all educators and
236administrators shall have training in strategies for effective education of beyond grade-level and
237gifted and talented students as defined in Section 2 of Chapter 71C.”
238 SECTION 7. Chapter 71 Section 38Q of the General Laws, as appearing in the 2020
239Official Edition, shall be amended by inserting in the first paragraph the following text:
240 “ In any school district with gifted and talented students as defined in Section 2 of
241Chapter 71C, the plan shall provide training for administrators and teachers in gifted education,
242and shall state how such training will support the needs of gifted and talented students. Each
243school district shall report to the department, on an annual basis, the gifted education training 13 of 14
244provided by the district, the number of educators in the district receiving such training and the
245total number of hours received. Each school district shall report to the department, on an annual
246basis, the specific ways in which its Title II Part A programs and activities address the learning
247needs of beyond grade-level and gifted and talented students and is improving the education of
248beyond grade-level and gifted and talented students.”
249 after the sentence, “In any school district with limited English proficient students, the
250plan shall provide training for teachers in second language acquisition techniques for the re-
251certification of teachers and administrators.”
252 SECTION 8. Chapter 71 Section 38Q of the General Laws, as appearing in the 2020
253Official Edition, shall be amended by inserting the following sentence after the second sentence
254of the second paragraph, which ends with the words “limited English proficient students.” the
255following text:
256 “ The plan shall include data that demonstrates, statewide and by school district, the types
257of professional development provided for educators who work with beyond grade-level, gifted
258and talented, highly or profoundly gifted, and twice-exceptional students, all as defined in
259Section 2 of Chapter 71C.”
260 SECTION 9. Chapter 71 Section 38Q1/2 of the General Laws, as appearing in the 2020
261Official Edition, shall be amended by inserting after the sentence ending in “under Chapter 71B”
262the following words:
263 “The plan shall provide pathways of accommodations and interventions for beyond
264grade-level, gifted and talented, highly or profoundly gifted, and twice-exceptional students, as
265they are defined in Section 2 of Chapter 71C, including, among such provisions, the specification 14 of 14
266of curriculum compacting and acceleration protocols for individual subjects or whole grade, as
267appropriate for the student.”