SENATE, No. 3258

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED DECEMBER 6, 2018

 


 

Sponsored by:

Senator  JAMES BEACH

District 6 (Burlington and Camden)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Senators A.R.Bucco, Gopal, Cunningham and Greenstein

 

 

 

 

SYNOPSIS

     “Strengthening Gifted and Talented Education Act”; establishes school district responsibilities in educating gifted and talented students.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning gifted and talented students and supplementing chapter 35 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the “Strengthening Gifted and Talented Education Act.”

 

     2.    As used in this act:

     "Gifted and talented student" means a student who possesses or demonstrates a high level of ability in one or more content areas when compared to his chronological peers in the school district and who requires modifications of his educational program if he is to achieve in accordance with his capabilities.

     "Instructional adaptation" means an adjustment or modification to instruction enabling a student who is gifted and talented to participate in, benefit from, and demonstrate knowledge and application of the New Jersey Student Learning Standards in one or more content areas at the instructional level of the student, not just the student’s grade level.

 

     3.    a.  A board of education shall ensure that appropriate instructional adaptations and educational services are provided to gifted and talented students in kindergarten through grade 12 to enable them to participate in, benefit from, and demonstrate knowledge and application of the New Jersey Student Learning Standards at the instructional level of the student.

     b.    A board of education shall:

     (1)   ensure that appropriate instructional adaptations are designed for students who are gifted and talented;

     (2)   make provisions for an ongoing kindergarten through grade 12 identification process for gifted and talented students that includes multiple measures in order to identify student strengths in various academic areas. A student shall not be required to meet all considered measures in order to be identified as gifted and talented.  To assure equal access to a continuum of gifted and talented education services, the identification process shall include consideration of all students, including those who are English language learners and those with Individualized Education Plans or 504 plans;

     (3)   maintain a list of students identified as gifted and talented in each grade for each school in the school district;

     (4)   develop and document appropriate curricular and instructional modifications used for gifted and talented students indicating content, process, products, and learning environment, and including additional education activities such as academic competitions, guest speakers, or lessons with a specialist.  The modifications shall be identified in staff and student schedules, lesson and unit plans, and budgets for educational materials;

     (5)   take into consideration the Pre-K-Grade 12 Gifted Programming Standards of the National Association for Gifted Children in developing programs for gifted and talented students;

     (6)   provide the time and resources to develop, review, and enhance instructional tools with modifications for helping gifted and talented students acquire and demonstrate mastery of the required knowledge and skills specified by the standards at the instructional level of the student; and

     (7)   actively assist and support professional development for teachers, educational services staff, and school leaders in the area of gifted and talented instruction.

 

     4.    a. The Commissioner of Education shall appoint a coordinator for gifted and talented programs.  The coordinator shall be responsible for reviewing the gifted and talented programs implemented in each school district to ensure compliance with the provisions of this act.

     b.    Each school district shall file with the coordinator a report within the first full school year following the date of enactment and every three years thereafter on a schedule that coincides with the school district’s New Jersey Quality Single Accountability Continuum review pursuant to section 11 of P.L.1975, c.212 (C.18A:7A-11).  The report shall include, but not be limited to:

     (1)   the gifted and talented continuum of services, policies, and curriculum implemented in the school district;

     (2)   the total number of students receiving gifted and talented services in each grade level and the total number of students who have applied for acceptance into the program.  The data shall also be disaggregated by race, gender, special education designation, and English language learner designation, with an individual student being counted only once;

     (3)   the professional development opportunities provided for gifted and talented educational development; and

     (4)   the number of staff employed by the school district whose job responsibilities include identification of and providing services to gifted and talented students.

 

     5.    a.  The Commissioner of Education shall develop a protocol pursuant to which an individual may submit a complaint alleging that a school district is not in compliance with the provisions of this act, and the executive county superintendent of schools shall investigate the complaint. The protocol shall also include procedures for remediating gifted and talented programs in school districts found to be in noncompliance.

     b.    A complaint submitted to the executive county superintendent pursuant to this section may only allege noncompliance that has occurred within one year prior to the date that the complaint is submitted.  The complaint shall include:

     (1)   a  statement that the identified school district is not in compliance with the provisions of this act, and the specific facts on which the allegation of noncompliance is based; and

     (2)   the name, address, and contact information of the complainant.

     c.     The executive county superintendent shall complete the investigation within 60 calendar days after receipt of the complaint and issue a written decision with proposed remediation, if necessary, to the complainant and the school district.

 

     6.    A school district shall make detailed information available on its website regarding the policies and procedures used to identify students as gifted and talented and the continuum of services offered to gifted and talented students.  The information shall include the criteria used for consideration for participation in the gifted and talented program, including the multiple measures used in the identification process, and any applicable timelines in the selection process.

 

     7.    A student record shall document that the student has been identified by the school district as a gifted and talented student.

 

     8.    This act shall take effect in the first full school year following the date of enactment.

 

 

STATEMENT

 

     This bill is entitled the “Strengthening Gifted and Talented Education Act.”  The bill codifies a requirement included in State Board of Education regulations that boards of education ensure that appropriate instructional adaptations and educational services are provided to gifted and talented students in kindergarten through grade 12 to enable them to participate in, benefit from, and demonstrate knowledge and application of the New Jersey Student Learning Standards.  Under the bill, a school district would be required to:

·         ensure that appropriate instructional adaptations are designed for gifted and talented students;

·         make provisions for an ongoing identification process for gifted and talented students that includes multiple measures in order to identify student strengths in various academic areas;

·         maintain a list of students identified as gifted and talented  in each grade for each school within the school district;

·         develop and document appropriate curricular and instructional modifications used for gifted and talented students indicating content, process, products, and learning environment;

·         take into consideration the Pre-K-Grade 12 Gifted Programming Standards of the National Association for Gifted Children in developing programs for gifted and talented students;

·         provide the time and resources to develop, review, and enhance instructional tools with modifications for helping gifted and talented students acquire and demonstrate mastery of the required knowledge and skills specified by the standards in one or more content areas at the instructional level of the student, not just the student’s grade level; and

·         actively assist and support professional development for teachers, educational services staff, and school leaders in the area of gifted and talented instruction.

     The bill requires the Commissioner of Education to appoint a coordinator for gifted and talented programs.  The coordinator will be responsible for reviewing the gifted and talented program implemented in each school district.  School districts will be required to file periodically with the coordinator a report that includes: the gifted and talented continuum of services, policies and curriculum implemented in the school district; the total number of students receiving gifted and talented services in each grade level; the total number of students who have applied for acceptance into the program; the professional development opportunities provided for gifted and talented educational development; and the number of staff employed by the school district whose job responsibilities include identification of and providing services to gifted and talented students.

     The commissioner will develop a protocol for submitting a complaint alleging that a school district is not in compliance with the provisions of the bill and for the executive county superintendent of schools to investigate a complaint.  The protocol will also include procedures for remediating gifted and talented programs in school districts found to be in noncompliance.  The bill includes the information that must be included in the complaint submitted to the executive county superintendent.  The executive county superintendent will have 60 days to complete the investigation, and then must issue a written decision to the complainant and the school district. The report will also include any proposed remediation.

     The bill also requires school districts to post detailed information on their websites regarding the policies and procedures used to identify students as gifted and talented and the continuum of services offered within the school district.  The information must include the criteria used for consideration for participation in the gifted and talented program, and any applicable timelines in the selection process.

     Finally, the bill provides that a student record must document that the student has been identified by the school district as a gifted and talented student.