HF 594

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; establishing program guidelines
for gifted and talented students; making permanent
funding for gifted and talented programs a component
of general education revenue; amending Minnesota
Statutes 2004, section 126C.10, subdivision 1, by
adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 120B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [120B.15] GIFTED AND TALENTED STUDENTS
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Identifying and serving gifted and
talented students. new text end

new text begin School districts must use the following
guidelines to identify students, design programs, provide staff
development, and evaluate programs in order to better and
appropriately serve gifted and talented students.
new text end

new text begin Subd. 2. new text end

new text begin Gifted and talented students. new text end

new text begin In order to
provide gifted and talented students with appropriate
educational programs, school districts must assess and identify
students by:
new text end

new text begin (1) reviewing multiple and objective criteria that include
student performances and student test results;
new text end

new text begin (2) informing instruction and services using a continuous
and comprehensive district assessment system;
new text end

new text begin (3) identifying gifted and talented students using
instruments and procedures that are valid and reliable,
culturally fair, and based on current theory and research;
new text end

new text begin (4) making fair, consistent, valid, and reliable decisions;
new text end

new text begin (5) establishing processes for parents to give informed
consent for their students' participation in a gifted and
talented program, for retaining and reassessing students, for
students exiting a program, and for appealing a decision about
whether a student may participate in a gifted and talented
program;
new text end

new text begin (6) implementing an open identification process available
to all students; and
new text end

new text begin (7) consistent with data practices law, sharing information
from the student identification process with parents and
guardians, school staff, and students.
new text end

new text begin Subd. 3. new text end

new text begin Student access; program content and
development. new text end

new text begin (a) At the request of a student, parent or
guardian, or school staff member, a district must provide gifted
and talented students identified under subdivision 2 with
appropriate education programs under paragraph (b).
new text end

new text begin (b) Gifted and talented programs include:
new text end

new text begin (1) curriculum aligned with the cognitive, affective,
developmental, physical, and ethical needs of gifted and
talented students;
new text end

new text begin (2) articulated prekindergarten through grade 12 learning
experiences;
new text end

new text begin (3) flexible instructional pacing and subject and
grade-based opportunities to accelerate instruction;
new text end

new text begin (4) rigorous content consistent with students' abilities
and social and emotional development;
new text end

new text begin (5) challenging learning experiences focused on problem
solving and advanced reasoning; and
new text end

new text begin (6) differentiated guidance services to nurture students'
social and emotional development.
new text end

new text begin (c) School districts, in collaboration with interested
community members and with technical assistance from the state
education department, must develop gifted and talented programs
consistent with this section.
new text end

new text begin Subd. 4. new text end

new text begin Staff development. new text end

new text begin Licensed teachers
instructing students in gifted and talented programs must
complete:
new text end

new text begin (1) postgraduate educational coursework that provides a
foundation for teaching gifted and talented students;
new text end

new text begin (2) ongoing staff development that prepares teachers to
best meet the unique needs of gifted and talented students; and
new text end

new text begin (3) a core of academic courses leading to certification as
a teacher of gifted and talented students.
new text end

new text begin Subd. 5. new text end

new text begin Accountability; evaluation. new text end

new text begin School districts
annually by June 30 must determine whether gifted and talented
programs meet the needs of participating students and submit a
written program evaluation to the commissioner for review in
collaboration with the gifted and talented council. The
evaluation must indicate how well students participating in the
gifted and talented program were served. The evaluation must
show:
new text end

new text begin (1) community involvement in developing and evaluating the
program;
new text end

new text begin (2) the qualifications of teachers providing instruction in
gifted and talented programs;
new text end

new text begin (3) the process for identifying gifted and talented
students incorporates research-based best practices;
new text end

new text begin (4) students participating in a gifted and talented program
progressed in and were satisfied with the program; and
new text end

new text begin (5) an increase of underrepresented students participating
in gifted and talented and similar academically challenging
programs.
new text end

new text begin The commissioner may recommend improving the process for
identifying gifted and talented students or developing the
program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2004, section 126C.10,
subdivision 1, is amended to read:

Subdivision 1.

General education revenue.

(a) For fiscal
year 2003, the general education revenue for each district
equals the sum of the district's basic revenue, basic skills
revenue, training and experience revenue, secondary sparsity
revenue, elementary sparsity revenue, transportation sparsity
revenue, total operating capital revenue, and equity revenue.

(b) For fiscal year 2004 and later, the general education
revenue for each district equals the sum of the district's basic
revenue, extended time revenue, basic skills revenue, new text begin gifted and
talented revenue, new text end training and experience revenue, secondary
sparsity revenue, elementary sparsity revenue, transportation
sparsity revenue, total operating capital revenue, equity
revenue, and transition revenue.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006 and later.
new text end

Sec. 3.

Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:

new text begin Subd. 2b. new text end

new text begin Gifted and talented revenue. new text end

new text begin Gifted and
talented revenue for each district equals $10 times the
district's adjusted marginal cost pupil units. A school
district must reserve gifted and talented revenue and,
consistent with section 120B.15, must spend the revenue only to:
new text end

new text begin (1) identify gifted and talented students;
new text end

new text begin (2) provide education programs for gifted and talented
students; or
new text end

new text begin (3) provide staff development to prepare teachers to best
meet the unique needs of gifted and talented students.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006 and later.
new text end