09 LC
33 3182
House
Bill 829
By:
Representatives Benfield of the
85th,
Casas of the
103rd,
and Kaiser of the
59th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to educational programs under the "Quality Basic
Education Act," so as to provide for early admission to kindergarten or first
grade for advanced gifted children; to provide for legislative findings; to
provide for state criteria and procedures; to provide for the establishment of
criteria and procedures by local school systems; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly hereby finds and declares that provisions to identify and serve
advanced gifted children who are four years of age or five years of age for whom
early entrance to kindergarten or first grade, respectively, is deemed
appropriate by a local school system are important elements of meeting the needs
of gifted learners and in line with current research and best practices in
gifted education.
SECTION
2.
Part
3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to educational programs under the "Quality Basic Education
Act," is amended in Code Section 20-2-150, relating to eligibility for
enrollment, by revising subsection (a) and adding a new subsection to read as
follows:
"(a)
Except as otherwise provided by
subsection
subsections
(b) or
(b.1) of this Code section, all children
and youth who have attained the age of five years by September 1 shall be
eligible for enrollment in the appropriate general education programs authorized
in this part unless they attain the age of 20 by September 1 or they have
received high school diplomas or the equivalent. This shall specifically
include students who have reenrolled after dropping out and who are married,
parents, or pregnant. Special education students shall also be eligible for
enrollment in appropriate education programs through age 21 or until they
receive high school or special education diplomas or the equivalent; provided,
however,
that
they were enrolled during the preceding school year and had an approved
Individualized Education Program (IEP) which indicated that a successive year of
enrollment was needed. Other students who have not yet attained
the
age
of
21 by September 1 or received high school diplomas or the equivalent shall be
eligible for enrollment in appropriate education programs, provided they have
not dropped out of school for one quarter or more. Each local unit of
administration shall have the authority to assign students who are married,
parents, or pregnant or who have reenrolled after dropping out
for
one quarter or more to programs of instruction within its regular daytime
educational program, provided that a local unit of administration may develop
and implement special programs of instruction limited to such students within
the regular daytime educational program or, at the option of the student, in an
alternative program beyond the regular daytime program; provided, further, that
such programs of instruction are designed to enable such students to earn course
credit toward receiving high school diplomas. These programs may include
instruction in prenatal care and child care. Each local unit of administration
shall have the authority to provide alternative programs beyond the regular
daytime educational program. Unless otherwise provided by law, the State Board
of Education shall have the authority to determine the eligibility of students
for enrollment. It is declared to be the policy of this state that general and
occupational education be integrated into a comprehensive educational program
which will contribute to the total development of the
individual."
"(b.1)(1)
A child who is identified as an advanced gifted child shall be eligible for
enrollment in the appropriate general or special education programs authorized
in this part if such child is:
(A)
Four years of age, and early entrance to kindergarten is deemed appropriate for
such child by the local school system; or
(B)
Five years of age, and early entrance to first grade is deemed appropriate for
such child by the local school system.
(2)(A)
A child shall be considered an advanced gifted child as defined by the State
Board of Education based on a qualifying composite score on a test approved by
the State Board of Education, which may include the Iowa Acceleration Scale,
which shall be administered by a qualified examiner, as defined by the State
Board of Education. No later than July 1, 2010, the State Board of Education
shall establish criteria and a process that local school systems shall use to
make determinations regarding early entrance to kindergarten or first grade for
eligible advanced gifted students.
(B)
Local school systems may petition the State Board of Education for the use of an
alternative assessment or assessments of eligibility for early entrance,
provided that the alternative assessment shall include consideration of a
child's:
(i)
Aptitude;
(ii)
Achievement;
(iii)
Performance;
(iv)
Academic readiness for advanced placement;
(v)
Observable social behavior; and
(vi)
Motivation to learn.
(3)
The process established pursuant to paragraph (2) of this subsection shall
include:
(A)
A timeline according to which a child's parent or guardian may apply for early
entrance to kindergarten or first grade for such child;
(B)
A description of local school system personnel who shall be involved in the
process of identifying advanced gifted children for whom early entrance to
kindergarten or first grade is appropriate;
(C)
A description of how each child for whom the parent or guardian is seeking early
entrance to kindergarten or first grade shall be evaluated;
(D)
A description of the entire body of evidence that shall be used to evaluate each
child for whom the child's parent or guardian is seeking early entrance to
kindergarten for first grade;
(E)
A description of how decisions concerning early entrance to kindergarten or
first grade shall be made collaboratively by local school system personnel and
parents or guardians;
(F)
A description of how local school systems shall monitor the performance of a
child who has received early entrance to kindergarten or first grade;
and
(G)
A description of the process by which parents or guardians may appeal a decision
and a timeline within which an appeal will be considered.
(4)(A)
In adopting and implementing criteria and a process to identify and serve
advanced gifted children, each local board of education may include provisions
to identify and serve advanced gifted children who may be eligible for early
entrance into kindergarten or first grade pursuant to this
subsection.
(B)
Local school systems shall make available upon request by any person the
criteria and process for early entrance established pursuant to subparagraph (A)
of this paragraph, including time frames, deadlines, and any specific
assessments and threshold scores used in identifying and making final
determinations.
(C)
Local school systems shall not charge a fee for any assessments or other
procedures performed by the local school system for the purpose of identifying
advanced gifted children for whom early entrance to kindergarten or first grade
may be appropriate."
SECTION
3.
Said
part is further amended in Code Section 20-2-151, relating to general and career
education programs, by revising paragraph (1) of subsection (b) as
follows:
"(1)(A)
All local school systems shall offer a full-day kindergarten program. For
purposes of this subsection, the term 'full-day
basis
kindergarten
program' means a student is provided
classroom instruction for a minimum of four and one-half hours daily for a 180
day school year.
(B)
It is the policy of this state that the purposes of the kindergarten program
shall be to provide all children with an equal opportunity to become prepared
for a successful first grade experience and to acquire the foundation for
academic progress throughout the students' educational careers. To be eligible
for enrollment in a state supported kindergarten program, a child must attain
the age of five by September 1, except as otherwise provided by
subsection
subsections
(b) or
(b.1) of Code Section
20-2-150;"
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.