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Public Act 094-0151


 

Public Act 0151 94TH GENERAL ASSEMBLY


 


 
Public Act 094-0151
 
SB0223 Enrolled LRB094 05524 RAS 35573 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Article 14A
as follows:
 
    (105 ILCS 5/Art. 14A heading new)
ARTICLE 14A. GIFTED AND TALENTED CHILDREN

 
    (105 ILCS 5/14A-5 new)
    Sec. 14A-5. Applicability. This Article applies beginning
with the 2006-2007 school year.
 
    (105 ILCS 5/14A-10 new)
    Sec. 14A-10. Legislative findings. The General Assembly
finds the following:
        (1) that gifted and talented children (i) exhibit high
    performance capabilities in intellectual, creative, and
    artistic areas, (ii) possess an exceptional leadership
    potential, (iii) excel in specific academic fields, and
    (iv) have the potential to be influential in business,
    government, health care, the arts, and other critical
    sectors of our economic and cultural environment;
        (2) that gifted and talented children require services
    and activities that are not ordinarily provided by schools;
    and
        (3) that outstanding talents are present in children
    and youth from all cultural groups, across all economic
    strata, and in all areas of human endeavor.
 
    (105 ILCS 5/14A-15 new)
    Sec. 14A-15. Purpose. The purpose of this Article is to
provide encouragement, assistance, and guidance to school
districts in the development and improvement of educational
programs for gifted and talented children as defined in Section
14A-20 of this Code. School districts shall continue to have
the authority and flexibility to design education programs for
gifted and talented children in response to community needs,
but these programs must comply with the requirements
established in Section 14A-30 of this Code by no later than
September 1, 2006 in order to merit approval by the State Board
of Education in order to qualify for State funding for the
education of gifted and talented children, should such funding
become available.
 
    (105 ILCS 5/14A-20 new)
    Sec. 14A-20. Gifted and talented children. For purposes of
this Article, "gifted and talented children" means children and
youth with outstanding talent who perform or show the potential
for performing at remarkably high levels of accomplishment when
compared with other children and youth of their age,
experience, and environment. A child shall be considered gifted
and talented in any area of aptitude, and, specifically, in
language arts and mathematics, by scoring in the top 5% locally
in that area of aptitude.
 
    (105 ILCS 5/14A-25 new)
    Sec. 14A-25. Non-discrimination. Eligibility for
participation in programs established pursuant to this Article
shall be determined solely through identification of a child as
gifted or talented. No program shall condition participation
upon race, religion, sex, disability, or any factor other than
the identification of the child as gifted or talented.
 
    (105 ILCS 5/14A-30 new)
    Sec. 14A-30. Local programs; requirements. In order for a
local program for the education of gifted and talented children
to be approved by the State Board of Education in order to
qualify for State funding, if available, as of the beginning of
the 2006-2007 academic year, the local program must meet the
following minimum requirements and demonstrate the fulfillment
of these requirements in a written program description
submitted to the State Board of Education by the local
educational agency operating the program and modified if the
program is substantively altered:
        (1) The use of a minimum of 3 assessment measures used
    to identify gifted and talented children in each area in
    which a program for gifted and talented children is
    established, which may include without limitation scores
    on standardized achievement tests, observation checklists,
    portfolios, and currently-used district assessments.
        (2) A priority emphasis on language arts and
    mathematics.
        (3) An identification method that uses the definition
    of gifted and talented children as defined in Section
    14A-20 of this Code.
        (4) Assessment instruments sensitive to the inclusion
    of underrepresented groups, including low-income students,
    minority students, and English language learners.
        (5) A process of identification of gifted and talented
    children that is of equal rigor in each area of aptitude
    addressed by the program.
        (6) The use of identification procedures that
    appropriately correspond with the planned programs,
    curricula, and services.
        (7) A fair and equitable decision-making process.
        (8) The availability of a fair and impartial appeal
    process within the school, school district, or cooperative
    of school districts operating a program for parents or
    guardians whose children are aggrieved by a decision of the
    school, school district, or cooperative of school
    districts regarding eligibility for participation in a
    program.
        (9) Procedures for annually informing the community
    at-large, including parents, about the program and the
    methods used for the identification of gifted and talented
    children.
        (10) Procedures for notifying parents or guardians of a
    child of a decision affecting that child's participation in
    a program.
        (11) A description of how gifted and talented children
    will be grouped and instructed in order to maximize the
    educational benefits the children derive from
    participation in the program, including curriculum
    modifications and options that accelerate and add depth and
    complexity to the curriculum content.
        (12) An explanation of how the program emphasizes
    higher-level skills attainment, including problem-solving,
    critical thinking, creative thinking, and research skills,
    as embedded within relevant content areas.
        (13) A methodology for measuring academic growth for
    gifted and talented children and a procedure for
    communicating a child's progress to his or her parents or
    guardian, including but not limited to, a report card.
        (14) The collection of data on growth in learning for
    children in a program for gifted and talented children and
    the reporting of the data to the State Board of Education.
        (15) The designation of a supervisor responsible for
    overseeing the educational program for gifted and talented
    children.
        (16) A showing that the certified teachers who are
    assigned to teach gifted and talented children understand
    the characteristics and educational needs of children and
    are able to differentiate the curriculum and apply
    instructional methods to meet the needs of the children.
        (17) Plans for the continuation of professional
    development for staff assigned to the program serving
    gifted and talented children.
 
    (105 ILCS 5/14A-35 new)
    Sec. 14A-35. Administrative functions of the State Board of
Education.
    (a) The State Board of Education must designate a staff
person who shall be in charge of educational programs for
gifted and talented children. This staff person shall, at a
minimum, (i) be responsible for developing an approval process
for educational programs for gifted and talented children by no
later than September 1, 2006, (ii) receive and maintain the
written descriptions of all programs for gifted and talented
children in the State, (iii) collect and maintain the annual
growth in learning data submitted by a school, school district,
or cooperative of school districts, (iv) identify potential
funding sources for the education of gifted and talented
children, and (v) serve as the main contact person at the State
Board of Education for program supervisors and other school
officials, parents, and other stakeholders regarding the
education of gifted and talented children.
    (b) Subject to the availability of funds for these
purposes, the State Board of Education may perform a variety of
additional administrative functions with respect to the
education of gifted and talented children, including, but not
limited to, supervision, quality assurance, compliance
monitoring, and oversight of local programs, analysis of
performance outcome data submitted by local educational
agencies, the establishment of personnel standards, and a
program of personnel development for teachers and
administrative personnel in the education of gifted and
talented children.
 
    (105 ILCS 5/14A-40 new)
    Sec. 14A-40. Advisory Council. There is hereby created an
Advisory Council on the Education of Gifted and Talented
Children to consist of 7 members appointed by the State
Superintendent of Education. Upon initial appointment, 4
members of the Advisory Council shall serve terms through
January 1, 2007 and 3 members shall serve terms through January
1, 2009. Thereafter, members shall serve 4-year terms. Upon the
expiration of the term of a member, that member shall continue
to serve until a replacement is appointed. The Council shall
meet at least 3 times each year. The Council shall organize
with a chairperson selected by the State Superintendent of
Education. Members of the Council shall serve without
compensation, but shall be reimbursed for their travel to and
from meetings and other reasonable expenses in connection with
meetings if approved by the State Board of Education.
    The State Board of Education shall consider
recommendations for membership on the Council from
organizations of educators and parents of gifted and talented
children and other groups with an interest in the education of
gifted and talented children. The members appointed shall be
residents of the State and be selected on the basis of their
knowledge of, or experience in, programs and problems of the
education of gifted and talented children.
    The State Superintendent of Education shall seek the advice
of the Council regarding all rules and policies to be adopted
by the State Board relating to the education of gifted and
talented children. The staff person designated pursuant to
subsection (a) of Section 14A-35 of this Code shall serve as
the State Board of Education's liaison to the Council. The
State Board of Education shall provide necessary clerical
support and assistance in order to facilitate meetings of the
Council.
 
    (105 ILCS 5/14A-45 new)
    Sec. 14A-45. Grants for services and materials. Subject to
the availability of categorical grant funding or other funding
appropriated for such purposes, the State Board of Education
shall make grants available to fund educational programs for
gifted and talented children. A request-for-proposal process
shall be used in awarding grants for services and materials,
with carry over to the next fiscal year, under this Section. A
proposal may be submitted to the State Board of Education by a
school district, 2 or more cooperating school districts, a
county, 2 or more cooperating counties, or a regional office of
education. The proposals shall include a statement of the
qualifications and duties of the personnel required in the
field of diagnostic, counseling, and consultative services and
the educational materials necessary. Upon receipt, the State
Board of Education shall evaluate the proposals in accordance
with criteria developed by the State Board of Education that is
consistent with this Article and shall award grants to the
extent funding is available. Educational programs for gifted
and talented children may be offered during the regular school
term and may include optional summer programs. As a condition
for State funding, a grantee must comply with the requirements
of this Article.
 
    (105 ILCS 5/14A-50 new)
    Sec. 14A-50. Contracts for experimental projects and
institutes. Subject to the availability of funds, the State
Board of Education shall have the authority to enter into and
monitor contracts with school districts, regional offices of
education, colleges, universities, and professional
organizations for the conduct of experimental projects and
institutes, including summer institutes, in the field of
education of gifted and talented children as defined in Section
14A-20 of this Code. These projects and institutes shall be
established in accordance with rules adopted by the State Board
of Education. Prior to entering into a contract, the State
Board of Education shall evaluate the proposal as to the
soundness of the design of the project or institute, the
probability of obtaining productive outcomes, the adequacy of
resources to conduct the proposed project or institute, and the
relationship of the project or institute to other projects and
institutes already completed or in progress. The contents of
these projects and institutes must be designed based on
standards adopted by professional organizations for gifted and
talented children.
 
    (105 ILCS 5/14A-55 new)
    Sec. 14A-55. Rulemaking. The State Board of Education shall
have the authority to adopt all rules necessary to implement
and regulate the provisions of this Article.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/8/2005