as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; establishing program guidelines 1.3 for gifted and talented students; making permanent 1.4 funding for gifted and talented programs a component 1.5 of general education revenue; amending Minnesota 1.6 Statutes 2002, section 126C.10, by adding a 1.7 subdivision; Minnesota Statutes 2003 Supplement, 1.8 section 126C.10, subdivision 1; proposing coding for 1.9 new law in Minnesota Statutes, chapter 120B. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. [120B.15] [GIFTED AND TALENTED STUDENTS 1.12 PROGRAMS.] 1.13 Subdivision 1. [IDENTIFYING AND SERVING GIFTED AND 1.14 TALENTED STUDENTS.] School districts must use the following 1.15 guidelines to identify students, design programs, provide staff 1.16 development, and evaluate programs in order to better and 1.17 appropriately serve gifted and talented students. 1.18 Subd. 2. [GIFTED AND TALENTED STUDENTS.] In order to 1.19 provide gifted and talented students with appropriate 1.20 educational programs, school districts must assess and identify 1.21 students by: 1.22 (1) reviewing multiple and objective criteria that include 1.23 student performances and student test results; 1.24 (2) informing instruction and services using a continuous 1.25 and comprehensive district assessment system; 1.26 (3) identifying gifted and talented students using 1.27 instruments and procedures that are valid and reliable, 2.1 culturally fair, and based on current theory and research; 2.2 (4) making fair, consistent, valid, and reliable decisions; 2.3 (5) establishing processes for parents to give informed 2.4 consent for their students' participation in a gifted and 2.5 talented program, for retaining and reassessing students, for 2.6 students exiting a program, and for appealing a decision about 2.7 whether a student may participate in a gifted and talented 2.8 program; 2.9 (6) implementing an open identification process available 2.10 to all students; and 2.11 (7) consistent with data practices law, sharing information 2.12 from the student identification process with parents and 2.13 guardians, school staff, and students. 2.14 Subd. 3. [STUDENT ACCESS; PROGRAM CONTENT AND 2.15 DEVELOPMENT.] (a) At the request of a student, parent or 2.16 guardian, or school staff member, a district must provide gifted 2.17 and talented students identified under subdivision 2 with 2.18 appropriate education programs under paragraph (b). 2.19 (b) Gifted and talented programs include: 2.20 (1) curriculum aligned with the cognitive, affective, 2.21 developmental, physical, and ethical needs of gifted and 2.22 talented students; 2.23 (2) articulated prekindergarten through grade 12 learning 2.24 experiences; 2.25 (3) flexible instructional pacing and subject and 2.26 grade-based opportunities to accelerate instruction; 2.27 (4) rigorous content consistent with students' abilities 2.28 and social and emotional development; 2.29 (5) challenging learning experiences focused on problem 2.30 solving and advanced reasoning; and 2.31 (6) differentiated guidance services to nurture students' 2.32 social and emotional development. 2.33 (c) School districts, in collaboration with interested 2.34 community members and with technical assistance from the state 2.35 education department, must develop gifted and talented programs 2.36 consistent with this section. 3.1 Subd. 4. [STAFF DEVELOPMENT.] Licensed teachers 3.2 instructing students in gifted and talented programs must 3.3 complete: 3.4 (1) postgraduate educational coursework that provides a 3.5 foundation for teaching gifted and talented students; 3.6 (2) ongoing staff development that prepares teachers to 3.7 best meet the unique needs of gifted and talented students; and 3.8 (3) a core of academic courses leading to certification as 3.9 a teacher of gifted and talented students. 3.10 Subd. 5. [ACCOUNTABILITY; EVALUATION.] School districts 3.11 annually by June 30 must determine whether gifted and talented 3.12 programs meet the needs of participating students and submit a 3.13 written program evaluation to the commissioner for review in 3.14 collaboration with the gifted and talented council. The 3.15 evaluation must indicate how well students participating in the 3.16 gifted and talented program were served. The evaluation must 3.17 show: 3.18 (1) community involvement in developing and evaluating the 3.19 program; 3.20 (2) the qualifications of teachers providing instruction in 3.21 gifted and talented programs; 3.22 (3) the process for identifying gifted and talented 3.23 students incorporates research-based best practices; 3.24 (4) students participating in a gifted and talented program 3.25 progressed in and were satisfied with the program; and 3.26 (5) an increase of underrepresented students participating 3.27 in gifted and talented and similar academically challenging 3.28 programs. 3.29 The commissioner may recommend improving the process for 3.30 identifying gifted and talented students or developing the 3.31 program. 3.32 [EFFECTIVE DATE.] This section is effective for the 3.33 2004-2005 school year and later. 3.34 Sec. 2. Minnesota Statutes 2003 Supplement, section 3.35 126C.10, subdivision 1, is amended to read: 3.36 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal 4.1 year 2003, the general education revenue for each district 4.2 equals the sum of the district's basic revenue, basic skills 4.3 revenue, training and experience revenue, secondary sparsity 4.4 revenue, elementary sparsity revenue, transportation sparsity 4.5 revenue, total operating capital revenue, and equity revenue. 4.6 (b) For fiscal year 2004 and later, the general education 4.7 revenue for each district equals the sum of the district's basic 4.8 revenue, extended time revenue, basic skills revenue, gifted and 4.9 talented revenue, training and experience revenue, secondary 4.10 sparsity revenue, elementary sparsity revenue, transportation 4.11 sparsity revenue, total operating capital revenue, equity 4.12 revenue, and transition revenue. 4.13 [EFFECTIVE DATE.] This section is effective for revenue for 4.14 fiscal year 2005 and later. 4.15 Sec. 3. Minnesota Statutes 2002, section 126C.10, is 4.16 amended by adding a subdivision to read: 4.17 Subd. 2b. [GIFTED AND TALENTED REVENUE.] Gifted and 4.18 talented revenue for each district equals $10 times the 4.19 district's adjusted marginal cost pupil units. A school 4.20 district must reserve gifted and talented revenue and, 4.21 consistent with section 120B.15, must spend the revenue only to: 4.22 (1) identify gifted and talented students; 4.23 (2) provide education programs for gifted and talented 4.24 students; or 4.25 (3) provide staff development to prepare teachers to best 4.26 meet the unique needs of gifted and talented students. 4.27 [EFFECTIVE DATE.] This section is effective for revenue for 4.28 fiscal year 2005 and later.