A912

ASSEMBLY, No. 912

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROCCO

An Act concerning programs for gifted and advanced 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. The Legislature finds and declares that:

a. Academically advanced and gifted children are special needs children.

b. Public schools must provide for the needs as well as encourage and support academically advanced and gifted students.

c. Academically advanced and gifted children require early identification and intervention which must be provided by the public schools.

d. Academically advanced and gifted children must have appropriate curriculum adapted to the pace of their learning in order to reach their full potential and development.

e. Public schools must provide a viable curriculum for academically advanced and gifted students for their cognitive, creative and emotional needs.

2. Each board of education shall establish and implement a program for the early evaluation and general identification of academically accelerated and gifted students in grades kindergarten through 12. A district's identification program shall include, but not be limited to, students having: a. exceptional creative thinking ability; b. general intellectual ability or talent; c. specific academic aptitude; d. exceptional psychosocial abilities, such as leadership, written and oral communication skills and management skills; e. outstanding abilities in the performing arts; and f. psychomotor ability. The board of education shall solicit the input and participation of parents and teachers and shall conduct public hearings in connection with the adoption of the identification program. The identification program shall be implemented no later than the beginning of the 1996-97 school year.

3. Each board of education shall establish and provide a curriculum to address the special needs of academically accelerated and gifted children as a part of its annual curriculum development. The curriculum shall be implemented at the beginning of the 1996-97 school year for grades kindergarten through six, and at the beginning of the 1997-98 school year for grades seven through 12. The curriculum shall include, but not be limited to: design variables, such as homogeneously grouped classes for students who have been identified as gifted; pull-out classes; cluster grouping of the pupil's ability across grade and age level; special schools, such as magnet schools; independent study; mentorships; acceleration; seminars; and co-curricular activities. An eligible student shall spend at least 200 minutes a week in the curriculum program.

4. The identification program and curriculum shall be included in the evaluation of each school as required pursuant to section 10 of P.L.1975, c.212 (C.18A:7A-10).

5. Each school district shall issue an annual report of its progress in conforming with the objectives and goals established under this act. The district's annual report shall include, but not be limited to:

a. demographic data related to each school;

b. plans and programs for professional development in the education of academically accelerated and gifted students;

c. recommendations for improvements during the following year; and

d. a description of the program for identification and the curriculum in place.

6. If it is determined by the Commissioner of Education or by a court of the State that any school district has failed to comply with the provisions of this act, the commissioner shall have the power to order necessary budgetary changes within the district and other measures that the commissioner deems appropriate for the establishment of a program for the education of academically accelerated and gifted children and for the implementation of the curriculum attending to their special needs. The commissioner shall ensure that the local district budget provides the resources necessary to implement the program. Nothing herein shall limit the right of any party to appeal to the Superior Court of New Jersey. Nothing herein shall limit the right of any aggrieved student to seek redress independently and individually through the Commissioner of Education or the Superior Court of the State of New Jersey.

7. This act shall take effect immediately.

STATEMENT

This bill requires each board of education to establish a program for the early identification and evaluation of gifted and advanced students and to provide a curriculum to address the needs of those students. The identification program, which would apply to students in grades kindergarten through 12, would seek to identify students with exceptional creative thinking ability, general intellectual ability or talent, leadership, communication, and management skills, and outstanding abilities in the performing arts. In adopting the program, the board of education must solicit the input and participation of parents and teachers and must conduct public hearings. The identification program would be implemented no later than the 1996-97 school year.

The bill further provides that each school district must adopt a curriculum to address the needs of gifted and advanced students by the 1996-97 school year for grades kindergarten through six, and by the 1997-98 school year for grades seven through 12. The curriculum may include pull-out classes, cluster groupings across grade and age levels, special schools, such as magnet schools, independent study, seminars and mentorships, and co-curricular activities. An eligible student would be required to spend at least 200 minutes a week in the curriculum program.

Under the bill's provisions, each school district is to issue an annual report on its progress in conforming with the bill's requirements. Further, the identification program and curriculum would be included in the evaluation of each school which is currently required under existing statutes. If it is determined by the Commissioner of Education or by a court of the State that a school district has failed to comply with the provisions of the bill, the commissioner may order whatever budgetary changes are necessary to implement the identification and curriculum programs.

Requires school boards to implement identification and curriculum programs for gifted and advanced students.