Today's Law As Amended


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



As Amends the Law Today


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 a 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, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere.  schools.  The governing board of a school district  may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance,  school that the pupil attends,  and with parental consent, to attend a community college during any session or term  as special part-time or full-time  students and to undertake one or more courses of instruction offered at the community college level.
(b) If the governing board of a school district  denies a request for a special part-time or full-time  enrollment at a community college for any session or term for  a pupil who is identified as highly gifted, the governing  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) A pupil The students  shall receive credit for community college courses that the pupil completes  they complete  at the level determined appropriate by the governing boards of the  school district and community college district. district governing boards. 
(d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets both of the following criteria:
(A) Demonstrates adequate preparation in the discipline to be studied.
(B) Exhausts all opportunities to enroll in an equivalent course, if any, at the pupil’s school of attendance.
(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation.
(3) (A) Except as provided in subparagraph (B), a high school pupil recommended by the pupil’s principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in clauses (i) and (ii), and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (5).
(i) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University.
(ii) The course is a college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence.
(B) The 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) shall apply to all physical education courses.
(4) (A) Except as provided in subparagraph (B), a high school pupil recommended by the pupil’s principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is either of the following:
(i) A lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University.
(ii) A college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence.
(B) The 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) shall apply to all physical education courses.
(5) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraphs (3) and (4) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002.
(6) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraphs (3) and (4) as part of its annual budget request for the California Community Colleges.
(7) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived.
(e) Paragraphs (3) to (6), inclusive, of subdivision (d) shall become inoperative on January 1, 2027.

SEC. 3.

 Section 48800.5 of the Education Code is amended to read:

48800.5.
 (a) A parent or guardian of a 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.
(b) (c)  A 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.
(c) (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.
(d) (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.
(e) (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) The purpose of the grant program established under this article is to ensure that California can meet the demand for bilingual teachers necessary for the implementation of dual language and other bilingual education programs as authorized by the California Education for a Global Economy Initiative, approved by the voters as Proposition 58 at the November 8, 2016, statewide general election, and to ensure California is able to meet the demand in preparing bilingual education teachers. “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) The Legislature hereby establishes the Bilingual Teacher Professional Development Program for teachers seeking to provide instruction in bilingual and multilingual settings. “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 or full-time  student in any session or term any  any  student who is eligible to attend community college pursuant to Section 48800, 48800.5, or 52620. 48800. 
(b) If the governing board denies a request for a special part-time or full-time  enrollment at a community college,  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 student pupil  at a  community college as a special part-time or full-time  student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Sections 48802, 52621, and 76002.  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, 11 12  units per semester, or the equivalent thereof, at the community college.
(e) (1) The  Except as provided in paragraph (2), the    governing board of a community college district shall assign a low enrollment priority to special part-time or full-time students described in subdivision (a) in order to ensure that these students do not displace regularly admitted students. 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.
(2) (k)  This subdivision does  Subdivisions (a) to (g), inclusive, and Sections 48800 to 48802, inclusive, do  not apply to a student attending a middle college high school as described in Section 11300, if the student is seeking to enroll in  the special students authorized to be admitted to  a community college course that is required for the student’s middle college high school program. 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.