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AB-2207 Pupils: gifted and talented.(1999-2000)

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Assembly Bill No. 2207
CHAPTER 1073

An act to amend Sections 48800, 48800.5, 52201, and 76001 of the Education Code, relating to gifted and talented pupils.

[ Filed with Secretary of State  September 30, 2000. Approved by Governor  September 30, 2000. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2207, Baldwin. Pupils: gifted and talented.
Existing law authorizes the governing board of any school district to authorize pupils, with parental permission, who would benefit from advanced scholastic or vocational work to attend community college as special part-time students. Existing law authorizes a pupil’s parent or guardian to petition the governing board of the school district to authorize the pupil to attend community college as a special full-time student. Existing law authorizes the governing board of a community college to admit the special part-time or full-time student to any community college under its jurisdiction.
This bill would require the governing board of a school district that denies a request for special part-time or full-time enrollment at a community college for a pupil who is identified as highly gifted to issue its written recommendation and the reasons for the denial within 60 days. The bill would require the written recommendation and denial to be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted, thereby imposing a state-mandated local program. The bill would require the governing board of a school district to grant a request for special part-time or full-time enrollment for a pupil identified as highly gifted unless the board finds either that the transfer of the pupil would result in a severe hardship at the pupil’s school or that the pupil’s level of emotional or social development would prevent the pupil from making a satisfactory adjustment. The bill would authorize the parents or guardians of a pupil identified as highly gifted to file an appeal with the county board of education if the request is denied.
The bill would require the governing board of a community college that denies a request for a special part-time or full-time enrollment in community college for a pupil who is identified as highly gifted to record its findings and reasons for the denial in writing within 60 days, thereby imposing a state-mandated local program.
Existing law defines “gifted and talented pupil.”
The bill would add a definition of a “highly gifted pupil.” The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Highly gifted and talented pupils, those whose measured intelligence quotient is 150 or more points, possess enormous potential for intellectual attainment, personal achievement, and social contribution.
(2) Because highly gifted and talented pupils are often assigned to elementary and secondary schools that are not equipped to offer them an appropriate education, their full potential may not be developed and they may experience an unsatisfactory adjustment to school that may cause them to lose interest, drop out, or even contemplate or commit suicide.
(3) The intelligence level of highly gifted and talented pupils obscures the fact that they are a special population with special needs.
(b) It is, therefore, the intent of the Legislature to enact legislation to ensure that all pupils, including highly gifted and talented pupils, receive a free and appropriate education. It is further the intent of the Legislature to enact legislation to increase the options available for providing services to highly gifted and talented pupils including an opportunity for highly gifted and talented pupils to attend classes in the public postsecondary institutions of this state.

SEC. 2.

 Section 48800 of the Education Code is amended to read:

48800.
 (a) The governing board of any school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools. The governing board may authorize those pupils, upon recommendation of the principal of the school that the pupil attends, and with parental consent, to attend a community college as special part-time students and to undertake one or more courses of instruction offered at the community college level.
(b) If the governing board denies a request for a special part-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) The students shall receive credit for community college courses that they complete at the level determined appropriate by the school district and community college district governing boards.

SEC. 3.

 Section 48800.5 of the Education Code is amended to read:

48800.5.
 (a) A parent or guardian of any pupil, regardless of the pupil’s age or class level, may petition the governing board of the school district in which the pupil is enrolled to authorize the attendance of the pupil at a community college as a special full-time student on the ground that the pupil would benefit from advanced scholastic or vocational work that would thereby be available. If the governing board denies the petition, the pupil’s parent or guardian may file an appeal with the county board of education, which shall render a final decision on the petition in writing within 30 days.
(b) If the governing board denies a request for a special full-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) Any pupil who attends a community college as a special full-time student pursuant to this section is exempt from compulsory school attendance under Chapter 2 (commencing with Section 46100) of Part 26.
(d) A parent or guardian of a pupil who is not enrolled in a public school may directly petition the president of any community college to authorize the attendance of the pupil at the community college as a special part-time or full-time student on the ground that the pupil would benefit from advanced scholastic or vocational work that would thereby be available.
(e) Any pupil authorized to attend a community college as a special full-time student shall, nevertheless, be required to undertake courses of instruction of a scope and duration sufficient to satisfy the requirements of law.
(f) For purposes of allowances and apportionments from the State School Fund, a community college shall be credited with additional units of average daily attendance attributable to the attendance of special full-time students at the community college.

SEC. 4.

 Section 52201 of the Education Code is amended to read:

52201.
 (a) “Gifted and talented pupil,” as used in this chapter, means a pupil enrolled in a public elementary or secondary school of this state who is identified as possessing demonstrated or potential abilities that give evidence of high performance capability as defined pursuant to Section 52202.
(b) “Highly gifted pupil” means a gifted and talented pupil who has achieved a measured intelligence quotient of 150 or more points on an assessment of intelligence administered by qualified personnel or has demonstrated extraordinary aptitude and achievement in language arts, mathematics, science, or other academic subjects, as evaluated and confirmed by both the pupil’s teacher and principal. Highly gifted pupils shall generally constitute not more than 1 percent of the pupil population.
(c) “Program” means an appropriately differentiated curriculum provided by a district for gifted and talented pupils which meets the standards established pursuant to this chapter, and also includes the identification of these pupils.
(d) “Participating pupil” means a pupil identified as a gifted and talented pupil who takes part in a program for at least one semester of a school year.

SEC. 5.

 Section 76001 of the Education Code is amended to read:

76001.
 (a) The governing board of a community college district may admit to any community college under its jurisdiction as a special part-time student any student who is eligible to attend community college pursuant to Section 48800.
(b) If the governing board denies a request for a special part-time enrollment at a community college for a pupil who is identified as highly gifted, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(c) The attendance of a pupil at community college as a special part-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Section 48802. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards.
(d) For purposes of this section, a special part-time student may enroll in up to, and including, 12 units per semester, or the equivalent thereof, at the community college.
(e) The governing board of a community college district may admit to any community college under its jurisdiction as a special full-time student any pupil who is eligible to attend community college pursuant to Section 48800.5, and who, in the opinion of the college president, could benefit from the course or class.
(f) If the governing board denies a request for a special full-time enrollment for a pupil who is identified as highly gifted, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted.
(g) The attendance of a pupil at a community college as a special full-time student pursuant to this section is authorized attendance, for which the community college shall be credited pursuant to Section 48800.5.
(h) The governing board of a community college district may admit to the summer session of any community college under its jurisdiction as a special student any student, with parental consent:
(1) Whose admission to summer session is recommended by the principal of the school which the student attends.
(2) Who has demonstrated adequate preparation in the discipline to be studied.
(3) Who has availed himself or herself of all opportunities to enroll in an equivalent course at his or her school of attendance.
(i) A principal may recommend a pupil as a special student pursuant to rules and regulations that may be adopted by the governing board of the school district. The principal of a school shall not recommend a number of pupils who have completed a particular grade in excess of 5 percent of the total number of pupils in the school who have completed that grade immediately prior to the time of recommendation.
(j) The attendance of a special summer session student at a community college pursuant to this section shall be credited to the district maintaining the community college for the purposes of allowances and apportionments from the State School Fund. The student shall receive credit for community college courses that he or she completes, in a manner determined to be appropriate by the governing boards of the school district and the community college district.
(k) Subdivisions (a) to (g), inclusive, and Sections 48800 to 48802, inclusive, do not apply to the special students authorized to be admitted to a community college summer session pursuant to this section.

SEC. 6.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.