SB1223sam001 100TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 3/1/2017

10000SB1223sam001 LRB100 07839 MLM 21507 a

AMENDMENT TO SENATE BILL 1223

AMENDMENT NO. ______. Amend Senate Bill 1223 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Accelerated Placement Act.

Section 5. Definition. As used in this Act:

"Accelerated placement" means the placement of a student into an educational setting with a curriculum that is usually reserved for students who are older or in higher grades than the student. "Accelerated placement" includes, but is not limited to, early entrance to kindergarten or first grade, accelerating a student in a single subject, compacting curriculum, credit by examination, grade acceleration, grade telescoping, and early high school graduation.

"State Board" means the State Board of Education.

Section 10. Referrals and evaluation.

(a) Any student residing in a school district may be referred by a teacher, administrator, gifted education specialist, guidance counselor, school psychologist, or parent or legal guardian of the student to the principal of his or her school for evaluation for possible accelerated placement. A student may refer himself or herself or a peer through a district staff member who has knowledge of the referred child's abilities. Participation in accelerated placement should not be limited to only those students who have been identified as gifted and talented, but to all students who demonstrate high-ability and who may benefit from acceleration in their area or areas of strength.

(b) Any child referred under subsection (a) of this Section for early entrance to kindergarten or first grade shall be evaluated for possible early entrance if referred by an educator within the district, a preschool educator who knows the child, a pediatrician or psychologist who knows the child, or the child's parent or legal guardian.

(c) Copies of this policy and referral forms for evaluation for possible accelerated placement shall be made available to district staff and parents at each school building. The principal of each school or his or her designee shall solicit referrals of students for evaluation of possible accelerated placement annually and ensure that all staff he or she supervises are aware of procedures for referring students for evaluation for possible accelerated placement.

(d) The principal or his or her designee of the referred student's school shall obtain written permission from the student's parent or legal guardian to evaluate the student for possible accelerated placement. The district shall evaluate all students who are referred for evaluation and whose parents or legal guardian have granted permission to evaluate the student for possible accelerated placement.

(e) Children who are referred for evaluation for possible accelerated placement 60 or more days prior to the start of the school year shall be evaluated in advance of the start of the school year so that the child may be placed in the accelerated placement on the first day of school. Children who are referred for possible accelerated placement 60 or more days prior to the start of the second semester shall be evaluated before the second semester begins.

(f) A parent or legal guardian of the evaluated student shall be notified in writing of the outcome of the evaluation process within 30 days after the submission of the referral to the referred student's principal. This notification shall include instructions for appealing the outcome of the evaluation process.

(g) A parent or legal guardian of the referred student may appeal in writing the decision of the evaluation committee convened under Section 15 of this Act to the local superintendent within 30 days after being notified of the committee's decision. The superintendent shall review the appeal and notify the parent or legal guardian who filed the appeal or his or her final decision within 30 days of receiving the appeal. The superintendent's decision shall be final. However, the student may be referred and evaluated again at the next available opportunity if he or she is again referred for evaluation by an individual eligible to make referrals as described in this Act.

(h) If a district requires a student to take an assessment in order to be evaluated for possible accelerated placement, the student and family must be informed about the nature of the assessment, how it will be used, and given time to prepare for the assessment. The district must pay the total cost of the assessment for all students who qualify for the federal free and reduced-price lunch program. For students not qualifying for the federal free and reduced-price lunch program, the district may not charge the student more than the district's cost to purchase the assessment.

Section 15. Acceleration evaluation committee.

(a) The referred student's principal or his or her designee shall convene an acceleration evaluation committee to determine the most appropriate available learning environment for the referred student. This committee shall be comprised of the following:

(1) a principal or assistant principal from the child's current school;

(2) a current teacher of the referred student, with the exception of students referred for possible early entrance to kindergarten or first grade;

(3) a teacher at the grade level from the school to which the student may be accelerated, with the exception of students referred for possible early graduation from high school;

(4) a teacher or a principal or assistant principal from the child's future school, if possible; and

(5) a gifted education or gifted intervention specialist; if a gifted coordinator or gifted intervention specialist is not available in the district, a school psychologist or guidance counselor may be substituted.

(b) The acceleration evaluation committee shall be charged with the following responsibilities:

(1) Students considered for possible accelerated placement other than early high school graduation shall be evaluated using an acceleration assessment process approved by the State Board in consultation with the Advisory Council on the Education of Gifted and Talented Children. The committee shall consider the student's own thoughts on possible accelerated placement in its deliberations.

(2) Students referred for possible early high school graduation shall be evaluated based on past academic performance, measures of achievement based on State academic content standards, and successful completion of State-mandated graduation requirements. The committee shall consider the student's own thoughts on possible early graduation in its deliberations.

(3) The acceleration evaluation committee shall issue a written decision to the principal and the student's parent or legal guardian based on the outcome of the evaluation process. If a consensus recommendation cannot be reached by the committee, a decision regarding whether or not to accelerate the student shall be determined by a majority vote of the committee membership. The acceleration evaluation committee shall develop a written acceleration plan for accelerated placement of the student. The parent or legal guardian of the student shall be provided with a copy of the written acceleration plan. The written acceleration plan shall specify:

(A) placement of the student in an accelerated setting;

(B) strategies to support a successful transition to the accelerated setting;

(C) requirements and procedures for earning high school credit prior to entering high school, if applicable; and

(D) an appropriate transition period for the accelerated placement.

(4) For students whom the acceleration evaluation committee recommends for early high school graduation, the committee shall develop a written acceleration plan designed to allow the student to complete graduation requirements on an accelerated basis. This may include waiving district prerequisite requirements for enrolling in advanced courses or waiving district graduation requirements that exceed those required by the State.

(c) The acceleration evaluation committee shall designate a school staff member to ensure successful implementation of the written acceleration plan and to monitor the adjustment of the student to the accelerated setting.

Section 20. Accelerated placement.

(a) The acceleration evaluation committee shall specify an appropriate transition period for accelerated placement.

(b) At any time during the transition period, a parent or legal guardian of the student may request in writing that the student be withdrawn from accelerated placement. In those cases, the principal shall remove the student without penalty from the accelerated placement.

(c) At any time during the transition period, a parent or legal guardian of the student may request in writing an alternative accelerated placement. In those cases, the principal shall direct the acceleration committee to consider other accelerative options and issue a decision within 30 days after receiving the request from the parent or legal guardian. If the student is to be placed in an accelerated setting different from that initially recommended by the acceleration evaluation committee, the student's written acceleration plan shall be revised accordingly, and a new transition period shall be specified.

(d) At the end of the transition period, the accelerated placement shall become permanent. The student's records shall be modified accordingly, and the acceleration implementation plan shall become part of the student's permanent record to facilitate continuous progress through the curriculum.

(e) Students admitted early to kindergarten or first grade shall be treated like age-typical students in the allocation of State funding.

Section 25. School district responsibilities. All school districts shall report to the State Board the following data annually:

(1) the number of students evaluated for possible accelerated placement;

(2) the number of students who qualified for accelerated placement; and

(3) the number of students who qualified for accelerated placement by type of accelerated placement.

Section 30. State Board responsibilities.

(a) The State Board shall publish a report annually that includes:

(1) the number of students evaluated for possible accelerated placement;

(2) the number of students who qualified for accelerated placement; and

(3) the number of students who qualified for accelerated placement by type of accelerated placement.

(b) The State Board shall develop and disseminate guidance to districts regarding State testing for accelerated students before January 1, 2018.

Section 35. Rules. The State Board may adopt rules to implement this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".