Laws & Regulations

History of legislation, state laws, and regulations related to implementation of GATE programs.

History of Legislation
In 1961, the California Legislature established the Mentally Gifted Minor (MGM) program for students scoring in the 98th percentile or above on standardized intellectual ability tests. By 1980, 454 school districts and 160,000 students were participating in the program. Assembly Bill (AB) 1040, enacted in 1980, established the GATE program allowing districts to set their own criteria for entrance. AB 1040 expanded service beyond the intellectually gifted to students who were gifted and talented in areas such as specific academic ability, leadership, visual and performing arts, and creativity. In 2000, two pieces of legislation were enacted that amended provisions of the EC for GATE. AB 2313 amended EC 52200 requiring that GATE programs be planned and organized as differentiated learning experiences within the regular school day and established a GATE funding formula based on the average daily attendance for all students in the district. AB 2207 amended EC 48800 providing options for gifted and talented pupils to attend classes at postsecondary institutions regardless of the pupil's age or grade level.

Education Code (EC) sections 52200-52212

The Gifted and Talented Education (GATE) program, authorized by EC sections 52200-52212 (Outside Source), provides funding for local educational agencies (LEAs) to develop unique education opportunities for highachieving and underachieving pupils in California public elementary and secondary schools who have been identified as gifted and talented.

Assembly Bill 2313

Assembly Bill (AB) 2313 (Outside Source), Chapter 748, Statutes of 2000, amended the provisions of the EC 52200-52212 pertaining to GATE programs regarding the following: governing boards that elect to provide programs may establish program for gifted and talented students consisting of special day classes, part-time groupings and cluster groupings consistent with the regulations of the State Board of Education (SBE). These programs shall be planned and organized as an integrated, differentiated learning experience within the regular school day, and may be augmented or supplemented with other differentiated activities related to the core curriculum using such strategies as independent study, acceleration, post secondary education, and enrichment.

California Code of Regulations (CCR), Title 5

CCR, Title 5, for the Gifted and Talented Pupil Program provides information regarding SBE-approved regulations related to LEA GATE program implementation including the following: Methods for GATE Student Identification; LEA Responsibilities for Identification; Evidence for Identification; Identification and Placement; General Standards GATE Programs; Definitions for Special Day Classes and Special Services or Activities; Approval of Programs; and Indirect Cost Expenditures.

Assembly Bill 2207

AB 2207 (Outside Source), Chapter 1073, Statutes of 2000 , amended EC Section 48800 (Outside Source) that provides options for highly gifted and talented pupils to attend classes in the public postsecondary institutions of the state. A parent or guardian may petition the governing board of a district to authorize pupils, regardless of the pupil's age or grade level, to attend a college as a special part-time or full-time student and to undertake one or more courses of instruction to benefit from advanced scholastic or vocational work. Students receive credit for community college courses that they complete at the level determined appropriate by the school district and the community college district governing boards. If the governing board of the school district denies the parent/guardian request, the parent/guardian may petition the county board of education to render a final decision on the petition in writing within 30 days.

EDUCATION CODE SECTION 52200-52212

52200. (a) The Legislature finds and declares that it is in the public interest to support unique opportunities for high-achieving and underachieving pupils in the public elementary and secondary schools of California who are identified as gifted and talented. The Legislature further declares its intent that special efforts be made to ensure that pupils from economically disadvantaged and varying cultural backgrounds be provided with full participation in these unique opportunities. (b) In addition, it is the intent of the Legislature to improve the quality of existing programs for gifted and talented pupils and to provide for experimentation in the delivery of the programs, including a variety of programmatic approaches and cost levels. It is also the intent of the Legislature to provide for the identification of gifted and talented pupils by individual school districts in a variety of ways so long as this does not serve to diminish the quality of programs for individual pupils. (c) The Legislature is committed to the belief that programs for gifted and talented pupils should include all of the following: (1) Differentiated opportunities for learning commensurate with the gifted and talented pupil's particular abilities and talents. (2) Alternative learning environments in which gifted and talented pupils can acquire skills and understanding at advanced ideological and creative levels commensurate with their potentials. (3) Elements that help gifted and talented pupils develop sensitivity and responsibility to others. (4) Elements that help to develop a commitment in gifted and talented pupils to constructive ethical standards. (5) Elements that assist gifted and talented pupils to develop self-generating problem-solving abilities to expand each pupil's awareness of choices for satisfying contributions in his or her environment. (6) Elements that help gifted and talented pupils develop realistic, healthy self-concepts.

52201. (a) "Gifted and talented pupil," as used in this chapter, means a pupil enrolled in a public elementary or secondary school of this state who is identified as possessing demonstrated or potential abilities that give evidence of high performance capability as defined pursuant to Section 52202. (b) "Highly gifted pupil" means a gifted and talented pupil who has achieved a measured intelligence quotient of 150 or more points on an assessment of intelligence administered by qualified personnel or has demonstrated extraordinary aptitude and achievement in language arts, mathematics, science, or other academic subjects, as evaluated and confirmed by both the pupil's teacher and principal. Highly gifted pupils shall generally constitute not more than 1 percent of the pupil population. (c) "Program" means an appropriately differentiated curriculum provided by a district for gifted and talented pupils which meets the standards established pursuant to this chapter, and also includes the identification of these pupils. (d) "Participating pupil" means a pupil identified as a gifted and talented pupil who takes part in a program for at least one semester

of a school year. 52202. For the purposes of this chapter, the demonstrated or potential abilities that give evidence of high performance capability shall be defined by each school district governing board in accordance with regulations established by the State Board of Education. Each district shall use one or more of the following categories in defining the capability: intellectual, creative, specific academic, or leadership ability; high achievement; performing and visual arts talent; or any other criterion that meets the standards set forth by the State Board of Education pursuant to Section 52203. Each governing board shall also consider identifying as gifted or talented any pupil who has transferred from a district in which he or she was identified as a gifted and talented pupil.

52203. (a) The state board shall maintain regulations governing the following areas: (1) Procedures that school district governing boards shall use in identifying gifted and talented pupils who are eligible for the program and in providing programs pursuant to this chapter. (2) Definitions of special day classes, part-time grouping, enrichment activities, cluster grouping, independent study, acceleration, postsecondary education opportunities, and other programs that the state board deems appropriate. (3) Establishment of allowable indirect cost expenditures that may be funded by gifted and talented program funds. (4) Other areas that the state board deems necessary to implement fully the intent and provisions of this chapter. (b) Upon the next revision of the criteria adopted pursuant to Section 52212, the state board shall adopt a standard for pupil identification to ensure the identification procedures of an applicant school district provide economically disadvantaged pupils and pupils of varying cultural backgrounds with full participation in the programs pursuant to this chapter. 52205. The Superintendent of Public Instruction shall: (a) Apportion funds pursuant to this chapter to each district for which an application to offer programs pursuant to this chapter has been approved by the State Board of Education according to this chapter and regulations adopted by the board. (b) Assist school district governing boards, upon their request, to design, implement, and evaluate programs funded under this chapter. (c) Ensure that the expenditure of funds authorized for programs pursuant to this chapter is consistent with this chapter. (d) Encourage the development of locally designed, innovative programs for gifted and talented pupils. (e) Assist districts in the development and implementation of staff development programs related to gifted and talented pupils. (f) Encourage the development of procedures that assure the ongoing participation of parents of gifted and talented pupils in the planning and evaluation of programs funded pursuant to this chapter.

52206. (a) The governing boards of school districts that elect to provide programs pursuant to this chapter may establish programs for gifted and talented pupils consisting of special day classes, part-time groupings, and cluster groupings, consistent with the

regulations of the State Board of Education. These programs shall be planned and organized as an integrated, differentiated learning experience within the regular school day, and may be augmented or supplemented with other differentiated activities related to the core curriculum using such strategies as independent study, acceleration, postsecondary education, and enrichment. (b) Each participating governing board shall determine the most appropriate curricular components for participating pupils within its district. (c) For all programs for gifted and talented pupils, including programs for pupils with high creative capabilities and talents in the performing and visual arts, each participating governing board shall concentrate part of its curriculum on providing participating pupils with an academic component and, where appropriate, with instruction in basic skills.

52207. Subject to any terms and conditions that may be agreed upon, each governing board providing programs pursuant to this chapter may contract with another school district to furnish programs or may contract to educate pupils living in other districts. The county superintendent may, with the approval of the county board of education and the governing board of the school district involved, provide programs pursuant to this chapter, and transportation therefor, for gifted and talented pupils who reside in any school district. For these purposes, the terms "school district" and "governing board of a school district," as used in this chapter, shall be deemed to include the county superintendent of schools.

52209. The governing board of any school district that provides a program for gifted and talented pupils pursuant to this chapter may: (a) Conduct programs, seminars, and classes for gifted and talented pupils within or without the boundaries of the school district and, for that purpose, employ instructors, supervisors, and other personnel and provide necessary equipment and supplies. (b) Transport or arrange for transportation of pupils to or from educational institutions where regularly scheduled programs and classes are being conducted. Attendance of pupils at these programs, seminars, and classes shall be included in computing the average daily attendance of the district for the purposes of apportionments from the State School Fund. Funds provided in support of this chapter shall be used solely for the purposes of this chapter. Allowances provided in any fiscal year but not expended in that year may be expended in subsequent fiscal years.

52210. The governing board of a school district, in providing programs pursuant to this chapter, may enter into agreements with a county superintendent of schools to conduct programs for gifted and talented pupils enrolled in the schools of the district.

52211. The Superintendent of Public Instruction shall, beginning in the 2001-02 school year, apportion funds to school districts pursuant to the provisions of this section. The superintendent shall

perform the following calculations: (a) Divide the total funding available for gifted and talented education (GATE) by the statewide total units of average daily attendance in kindergarten and grades 1 to 12, inclusive, at the second principle apportionment of the prior year, for all school districts participating in the GATE program in the current year. (b) Multiply the dollar amount computed in subdivision (a) by the average daily attendance at the second principle apportionment of the prior year for each participating school district. (c) No school district with fewer than 1,500 pupils in average daily attendance shall receive less to support its GATE program than two thousand five hundred dollars ($2,500) or the amount it received in 1998-99, whichever is greater. (d) No district shall receive less per average daily attendance than the amount it received per average daily attendance in the 1999-2000 school year. (e) The dollar amount in subdivision (c) shall be increased annually by the percentage inflation adjustment provided to the revenue limits of unified school districts of over 1,500 pupils in average daily attendance.

52212. (a) (1) Each applicant school district shall submit an application for approval for a proposed program for gifted and talented pupils to the State Board of Education. The application shall be submitted in the form and manner prescribed by the Superintendent of Public Instruction. An application shall be approved for a period of one, two, or three years, or denied, based on the quality of the plan, in accordance with criteria adopted by the State Board of Education. Those criteria shall be reviewed by the board at least once every four years and shall address, but are not limited to, the elements of program design, identification, curriculum and instruction, social and emotional development, professional development, parent and community involvement, program assessment and budgeting. The application shall include budget information including 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. Each time a school district submits an application for renewal of its GATE authorization, the school district shall submit a program assessment in accordance with criteria adopted by the state board. (2) Each participating governing board shall maintain auditable records. (3) Each applicant school district shall designate, in its application to the State Board of Education, a person with responsibility for the development, identification procedure, and implementation of the local program for gifted and talented pupils, fiscal management, and the collection of auditable records for the independent evaluation. (4) Applications for district programs shall be developed by the State Department of Education and made available to districts no later than April 1 of each year. The application shall not be part of the consolidated application. (b) Notwithstanding subdivision (a), the state may approve an application for a period of five years, if following a site validation of the application by the department, it determines that the districts's program for gifted and talented pupils is exemplary.