HB2199 - 531R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-779, Arizona Revised Statutes, is amended to read:

START_STATUTE15-779. Definitions

In this article, unless the context otherwise requires:

1. "Economically disadvantaged pupil" means a pupil who meets the economic eligibility requirements established under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785) for free or reduced-price lunches.

1. 2. "Gifted education" means appropriate academic course offerings and services that are required to provide an educational program that is an integral part of the regular school day and that is commensurate with the academic abilities and potential of a gifted pupil.

2. 3. "Gifted pupil" means a child who is of lawful school age, who due to superior intellect or advanced learning ability, or both, is not afforded an opportunity for otherwise attainable progress and development in regular classroom instruction and who needs appropriate gifted education services, to achieve at levels commensurate with the child's intellect and ability. END_STATUTE

Sec. 2. Section 15-779.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-779.01. Powers and duties of the school district governing board

A. Because it is in the public interest to support unique opportunities for high-achieving and underachieving pupils who are identified as gifted, including economically disadvantaged pupils and minority pupils who have been underrepresented in gifted education programs, the governing board of each school district shall provide gifted education to gifted pupils identified as provided in this article.

B. The governing board shall modify the course of study and adapt teaching methods, materials and techniques to provide educationally for those pupils who are gifted and possess superior intellect or advanced learning ability, or both, but may have an educational disadvantage resulting from a disability or a difficulty in writing, speaking or understanding the English language due to an environmental background in which a language other than English is primarily or exclusively spoken. Identification of gifted pupils as provided in this subsection shall be based on tests or subtests that are demonstrated to be effective with special populations including those with a disability or difficulty with the English language.

C. If a pupil who was previously identified as a gifted pupil by a school district or charter school transfers into another school district, the school district into which the pupil transferred shall determine in a timely manner whether the pupil shall be identified as a gifted pupil in that school district. The school district into which the pupil transferred shall provide gifted education to transfer pupils who are identified as gifted without unreasonable delay. END_STATUTE

Sec. 3. Section 15-779.02, Arizona Revised Statutes, is amended to read:

START_STATUTE15-779.02. Gifted pupils; scope and sequence; annual financial report

A. The governing board of each school district shall develop a scope and sequence for the identification process of and curriculum modifications for gifted pupils to ensure that gifted pupils receive gifted education commensurate with their academic abilities and potentials. Programs and services for gifted pupils shall be provided as an integrated, differentiated learning experience during the regular school day. The scope and the sequence shall:

1. Provide for routine screening for gifted pupils using one or more tests adopted by the state board as prescribed in section 15‑203, subsection A, paragraph 15 and section 15‑779.01. School districts may identify any number of pupils as gifted but shall identify as gifted at least those pupils who score at or above the ninety‑seventh percentile, based on national norms, on a test adopted by the state board of education.

2. Include an explanation of how gifted education for gifted pupils differs from regular education in such areas as:

(a) Content, including a broad based broad-based interdisciplinary curriculum.

(b) Process, including higher level higher-level thinking skills.

(d) Learning environment, including flexibility.

3. Include criteria, which shall be reviewed by the state board of education and the department of education at least once every four years, that address for all schools served by the school district the elements of equitable program design, identification, curriculum, instruction, social development for all gifted pupils, including economically disadvantaged pupil and minority pupil populations, emotional development for all gifted pupils, including economically disadvantaged pupil and minority pupil populations, professional development of administrators, teachers, school psychologists and counselors, parent involvement, community involvement, program assessment and budgeting. The budget information shall include separate data on identification and program costs and any other data required by the superintendent of public instruction to administer and evaluate the program effectively.

B. The governing board shall submit the scope and the sequence to the department of education for approval on or before July 1 if any changes were made during the previous fiscal year. The governing board shall submit the scope and the sequence to the department of education for approval on or before July 1 every five years if no changes were made during the previous five years. All school districts shall provide to gifted pupils gifted education commensurate with their academic abilities and potentials.

C. If the governing board fails to submit the scope and sequence for gifted pupils as prescribed in subsection B of this section or if the scope and sequence submitted by the governing board fails to receive full approval by the superintendent of public instruction, the school district is not eligible to receive state aid for the group A weight for seven per cent percent of the student count and shall compute the weighted student count for pupils in group A as provided in section 15‑943 by adjustment of the student count accordingly. On or before December 1 of each year, the department of education shall notify those school districts that appear to be in noncompliance and note the specific areas of deficiencies that must be corrected on or before April 1 of the following year to be eligible to use the actual student count rather than an adjusted student count. On or before April 15 of each year, the department shall notify those districts that must use an adjusted student count for the next fiscal year's state aid as provided in chapter 9 of this title.

D. The annual financial report of a school district as prescribed in section 15‑904 shall include the amount of monies spent on programs for gifted pupils and the number of pupils enrolled in programs or receiving services by grade level. END_STATUTE

Sec. 4. Section 15-779.03, Arizona Revised Statutes, is amended to read:

START_STATUTE15-779.03. Additional assistance for gifted programs

A. School districts that comply with section 15‑779.01 and that submit evidence that all district teachers who have primary responsibility for teaching gifted pupils have obtained or are working toward obtaining the appropriate certification endorsement as required by the state board of education may apply to the department of education for additional funding for gifted programs equal to seventy-five dollars per pupil for four per cent percent of the district's student count, or two thousand dollars, whichever is more. As an alternate to the individual district application process, a governing board may request that a county school superintendent apply on its behalf as part of an educational consortium. The consortium may include school districts in more than one county. If additional monies are available after funding all eligible school districts or educational consortia, the additional monies shall be used to increase the per pupil amount for each district or educational consortium funded. Priority for the local use of monies shall be given for identifying and serving economically disadvantaged pupil and minority pupil populations. If sufficient monies are not available to meet all requests, the state board of education shall determine the allocation of monies based on the comprehensiveness across grade levels, appropriateness to the population being served, utility and demonstrated effectiveness of the scope and sequence and the likelihood of the school district's or educational consortium's proposed program successfully meeting the needs of the gifted pupils. A school district shall include the monies it receives for gifted programs and services under this section in the special projects section of the budget.

B. School districts shall conduct evaluation studies of their programs for the gifted pupils, including equitable identification and program participation of gifted pupils in all schools served by the school district, and submit information to the department of education regarding the results of their studies. The department shall develop evaluation guidelines, reporting forms, procedures and timelines.

C. Monies distributed pursuant to this section shall supplement and not supplant monies from other sources. END_STATUTE

Sec. 5. Appropriation; department of education; additional assistance for gifted programs; exemption

A. The sum of $3,500,000 is appropriated from the state general fund in fiscal year 2017-2018 to the department of education for additional assistance for gifted programs pursuant to section 15‑779.03, Arizona Revised Statutes, as amended by this act.

B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.