The Gifted Child: Florida Statues in Action


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an explanation of some of the Florida statutes/rules that are related to gifted education (class project).

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The Gifted Child: Florida Statues in Action

  1. 1. Statutes into Practice
  2. 2.  1011.62(1)(e)2  Funds for Operation of Schools  1011.75  Gifted education exemplary program grants ▪ 6A-7.099, F.A.C.: Challenge Grant Program for the Gifted  6A-4.01791, F.A.C.  Specialization Requirements for the Gifted Endorsement Academic Class  6A-6.03019, F.A.C.  Special Instructional Programs for Students Who Are Gifted.  6A-6.030191, F.A.C.  Development of Educational Plans for Exceptional Students who are Gifted  6A-6.0331, F.A.C.  General Education Intervention Procedures, Identification, Evaluation, Reeval uation and the Initial Provision of Exceptional Education Services.
  3. 3. Ifthe annual allocation from the Florida Education Finance Program to each district for operation of schools is not determined in the annual appropriations act or the substantive bill implementing the annual appropriations act, it shall be determined as follows: (1)COMPUTATION OFTHE BASIC AMOUNT TO BE INCLUDED FOR OPERATION.—The following procedure shall be followed in determining the annual allocation to each district for operation: (e) Funding model for exceptional student education programs: 2. For students identified as exceptional who do not have a matrix of services and students who are gifted in grades K through 8, there is created a guaranteed allocation to provide these students with a free appropriate public education, in accordance with s. 1001.42(4)(l) and rules of the State Board of Education, which shall be allocated annually to each school district in the amount provided in the General Appropriations Act. These funds shall be in addition to the funds appropriated on the basis of FTE student membership in the Florida Education Finance Program, and the amount allocated for each school district shall not be recalculated during the year. These funds shall be used to provide special education and related services for exceptional students and students who are gifted in grades K through 8. Beginning with the 2007-2008 fiscal year, a district’s expenditure of funds from the guaranteed allocation for students in grades 9 through 12 who are gifted may not be greater than the amount expended during the 2006-2007 fiscal year for gifted students in grades 9 through 12.
  4. 4. Translation Money allocated to a school is based on enrollment during what is called “FTE Week.” During this week, ESE students, including gifted are counted and the school receives extra funds based on the total students’ needs as determined by a special matrix. The funds help provide extra opportunities for remediation, enrichment and so on in terms of curriculum, personal or equipment. Of course, if students are identified after FTE week, money may not be allocated for those students but services must be provided!
  5. 5. Pursuant to policies and rules to be adopted by the State Board of Education, each district school board, two or more district school boards in cooperation, or a public school principal through the district school board may submit to the commissioner a proposed program designed to effectuate an exemplary program for education for the gifted in a school, district, or group of districts.Consideration for funding shall be given to proposed programs of district school boards that are developed with the cooperation of a Florida College System institution or public or private college or university for the purpose of providing advanced accelerated instruction for public school students pursuant to s. 1003.435. In order to be approved, a program proposal must include: (a) Clearly stated goals and objectives expressed, to the maximum extent possible, in measurable terms. (b) Information concerning the number of students, teachers, and other personnel to be involved in the program. (c) The estimated cost of the program and the number of years for which it is to be funded. (d) Provisions for evaluation of the program and for its integration into the general curriculum and financial program of the school district or districts at the end of the funded period. (e) Such other information and provisions as the commissioner requires. The commissioner shall review and approve, disapprove, or resubmit for modification all proposed programs for education for the gifted submitted. For those programs approved, the commissioner shall authorize distribution of funds equal to the cost of the program from funds appropriated to the Department of Education for exemplary program grants for education for the gifted as provided for by this section.These funds shall be in addition to any funds for education for the gifted provided pursuant to s. 1011.62.
  6. 6. 6A-7.099, F.A.C. ChallengeGrant Program for the Gifted
  7. 7. (1) The purpose of the Challenge Grant Program for the Gifted shall be to encourage public schools to implement exemplary programs which challenge gifted students. (2)As provided by Section 236.1225(2), Florida Statutes, the Commissioner shall cooperate and consult with associations and organizations concerned with the education of the gifted in administering this grant program. Such associations and organizations shall include at least the FloridaAssociation for the Gifted and the Florida Federation Council for Exceptional Children. (3)Annually the Commissioner shall invite district school boards to submit a program proposal consistent with the requirements of Section 236.1225, Florida Statutes. The proposals shall be judged by the following criteria: (a)The proposed program will improve the quality of existing programs; (b)The proposed program will initiate a model or demonstration program; or (c)The proposed program will expand student participation in existing programs. (4) Each project funded shall, as provided by Section 236.1225(3)(d), Florida Statutes, contain provisions for the submission of an evaluation of the program and shall meet all requirements of law. Specific Authority 229.053(1), 230.23(4)(m), 236.1225 FS. Law Implemented 236.1225 FS. History - New 1-6-83, Amended 5-3-83, Formerly 6A-7.99.
  8. 8. Translation Any public school may submit a proposal and receive grant monies (if stated requirements are met and the program is approved) in order to create and sustain for the gifted and talented. This grant opportunity may allow schools in underfunded /rural counties to develop small exemplary gifted and talented programs. An example may be “a school within a school” which specifically addresses the needs of gifted students attending geographically isolated or underserved local public schools.
  9. 9. Specialization Requirements for the Gifted Endorsement (1) A bachelor’s or higher degree with certification in an academic class coverage, and (2) Fifteen (15) semester hours in gifted education to include three (3) semester hours in each area specified below:  Nature and Needs of Gifted Students to include student characteristics; cognitive, social, and emotional needs; and history and current research;  Curriculum and Instructional Strategies forTeaching Gifted Students to include modification of curriculum content, instructional process, student products, and learning environment;  Guidance and Counseling of Gifted Students to include motivation, self-image, interpersonal skills, and career options for gifted students;  Educating Special Populations of Gifted Students such as minorities, underachievers, handicapped, economically disadvantaged, and highly gifted to include student characteristics and programmatic adaptations; and  Theory and Development of Creativity to include elements of creativity such as fluency, flexibility, originality, and elaboration. State Requirement For Out-of-Field Status An out-of-field teacher must take at least two of the gifted endorsement classes per school year to be completed by June 30 of each year, until all five classes are completed.
  10. 10. Translation oThis rule indicates that teaching exceptional students is vastly different than teaching typical children and special educational endorsements are required. oThe “out-of-field “ addendum allows teachers to work towards their certification while working with these children. This is fortunate, as schools are able to fill specific needs with teachers who are highly motivated to work with specific populations.
  11. 11. (1) Gifted. One who has superior intellectual development and is capable of high performance. (2) Criteria for eligibility. A student is eligible for special instructional programs for the gifted if the student meets the criteria under paragraph (2)(a) or (b) of this rule. (a) The student demonstrates: 1. Need for a special program. 2. A majority of characteristics of gifted students according to a standard scale or checklist, a 3. Superior intellectual development as measured by an intelligence quotient of two (2) standard deviationsor more above the mean on an individually administered standardized test of intelligence. (b) The student is a member of an under-represented group and meets the criteria specified in an approved school district plan for increasing the participation of under-represented groups in programs for gifted students. 1. For the purpose of this rule, under-representedgroups are defined as groups: a. Who are limited English proficient, or b. Who are from a low socio-economic status family. 2. The Department of Education is authorized to approve school district plans for increasingthe participation of students from under-represented groups in special instructional programs for the gifted, provided these plans include the following: a. A district goal to increase the percent of students from under-represented groups in programs for the gifted and the current status of the district in regard to that goal; b. Screening and referral procedures which will be used to increase the number of these students referred for evaluation; c. Criteria for determining eligibility based on the student’s demonstrated ability or potential in specific areas of leadership, motivation, academic performance, and creativity; d. Student evaluation procedures, including the identification of the measurement instruments to be used; e. Instructionalprogram modifications or adaptations to ensure successfuland continued participationof students from under-represented groups in the existing instructional program for gifted students; f. An evaluation design which addresses evaluation of progress toward the district’s goal for increasing participation by students from under-represented groups. (3) Procedures for student evaluation. The minimum evaluations for determining eligibility are the following: (a) Need for a special instructional program, (b) Characteristics of the gifted, (c) Intellectualdevelopment, and (d) May include those evaluationprocedures specified in an approved district plan to increase the participationof students from under-represented groups in programs for the gifted. (4) This rule shall take effect July 1, 1977.
  12. 12. Translation This rule defines “who” is gifted, but also includes “PLAN B,” in order to increase the identification of gifted children who may not fit the profile according to western measures/ standardized tests. The positive impact, of course, is that a wider variety of “giftedness” is recognized across the student population.
  13. 13. The state’s who are gifted and who are in need of specially goal is to provide full educational opportunity and a free appropriate public education (FAPE) to all students with disabilities ages three (3) through twenty-one (21) and to school age students who are gifted. School districts have the responsibility to ensure that students suspected of having a disability are subject to general education intervention procedures. They must ensure that all students with disabilities or designed instruction and related services are identified, located, and evaluated, and appropriate exceptional student education is made available to them if it is determined that the student meets the eligibility criteria specified in Rules 6A-6.03011 through 6A- 6.0361, F.A.C. These requirements apply to all students, including those who are homeless or are wards of the state or who attend private schools, regardless of the severity of their disability. Additionally, school districts may elect to serve children with disabilities below the age of three (3) years in collaboration with the Part C Early Steps Program.The procedures and criteria for general education interventions, identification, evaluation, and determination of eligibility of students with disabilities and gifted students by school districts shall be set forth in the school district’s Exceptional Student Education (ESE) Policies and Procedures document.
  14. 14. Translation It is EVERYONE'S responsibility to seek out students and identify children with special needs. All children have the right to free and appropriate education. Typical education teachers are required to participate in the RtI/multi-tiered process and differentiate instructions.
  15. 15. This rule indicates the state mandated process for the development and review of a gifted student's education plan shall be consistent with the following requirements: Educational Plans (EPs) are developed for students identified solely as gifted. Parents are partners with schools and school district personnel in developing, reviewing, and revising the educational plan (EP) for their child. Procedures for the development of the EPs for exceptional students who are gifted, including procedures for parental involvement, shall be set forth in each district's Policies and Procedures for the Provision of Specially Designed Instruction and Related Services to ExceptionalStudents (SP&P) document.
  16. 16. Translation The district is responsible for developing educational plans (EP) for students who are identified solely as gifted.  The EP must have a statement of student’s present levels of performance, goals, any specially designed instruction, statements of progress, and projected dates for beginning, location, and frequency of services. Parent participation in EP meetings  Parents/guardians must be invited and all reasonable steps must be taken to ensure parent /guardian participation in the EP development and review process. Implementation of the EP  The EP must be implemented ASAP after it is developed and all academic teachers must have access in order for proper implementation.