Florida Gifted Network UPDATE - May 2, 2007

FGN and school districts have been assured by various legislators that FOR THE COMING SCHOOL YEAR, the legislative intent is to place a freeze on the funding for gifted students in grades 9-12 and to require that OPPAGA conduct a study of gifted programs and funding and present the report by December 1, 2007. The troublesome "and gifted students in grades K-8" language should not come into play for the 2007-08 school year per the legislators’ intent..

 

The House and Senate did delete the initial language from the Conference Report thereby protecting the rights of gifted students in 9-12 to receive services. The combined efforts also led to the inclusion of the OPPAGA study and a freeze on the funding at current levels for the 2007-08 school year.

 

FGN would like to thank the many gifted supporters around the state for their decisive efforts in preventing the original bill language that would have changed the statute definition of “exceptional students” to exclude gifted high school students. 

 

The next focus will be on the OPPAGA study and its design, context, and content. All advocates for gifted education will need to monitor this process and be prepared to assist the study group in ways that shed the best light on the need to continue and improve services and funding mechanisms for all gifted services in Florida.

 

FGN will issue a further Update to include the many advocates and legislators to thank, as well as including the next important steps in working to preserve quality gifted education in Florida.

 

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Florida Gifted Network,  URGENT UPDATE Alert ---- April 30, 2007

Please be prepared to take action on Tuesday, May 1.

This is a very sensitive time in the legislative process. Please do not contact legislators until our message is clear.

 

The House and Senate Conference Committee Amendment 061800 has been filed to SB 1046.   The amendment will be voted on by the full House and full Senate.  Amendment 061800 to CS/SB 1046 e1:

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=061800.html&DocumentType=Amendments&BillNumber=1046&Session=2007

 

The Problem:

The wording in the Conference amendment, intentionally or not, ELIMINATES funding for gifted high school students from the only source of state provided funding for gifted - the Guaranteed Allocation.  In addition, this is the first time since 1977 that a subset of gifted students is being separated out from "exceptional students" in a state statute (1011.62).  Losing the designation of “exceptional” is the kiss of death for gifted programs in Florida.

 

It is likely that the House Conferees didn’t understand the total impact of the language in the Conference Amendment. FGN and others have been assured that all the House wants to accomplish in this legislative session is the cap and an OPPAGA study.

  

Further explanation:

The tricky language is below.  Sub paragraph 2 is the controlling paragraph and denies gifted students in grades 9-12 access to the Guaranteed Allocation funding.  If the legislative intent is to simply place a cap on funding, this can be accomplished by using only the phrasing in lines 29-31/page 5 and lines 1-2/page 6.

 

15  2.  For students identified as exceptional who do not
16  have a matrix of services and students who are gifted in
17  grades K through 8, there is created a guaranteed allocation
18  to provide these students with a free appropriate public
19  education, in accordance with s. 1001.42(4)(m) and rules of
20  the State Board of Education, which shall be allocated
21  annually to each school district in the amount provided in the
22  General Appropriations Act. These funds shall be in addition
23  to the funds appropriated on the basis of FTE student
24  membership in the Florida Education Finance Program, and the
25  amount allocated for each school district shall not be
26  recalculated during the year. These funds shall be used to
27  provide special education and related services for exceptional
28  students and students who are gifted in grades K through 8.
29  Beginning with the 2007-2008 fiscal year, a district 
30 expenditure of funds from the guaranteed allocation for
31 students in grades 9 through 12 who are gifted may not be
                                 page  5
 
1 great than the amount expended during the 2006-2007 fiscal
2 year for gifted students in grades 9 through 12

                                page 6

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4/24/07 4:00 p.m.

 
At this time funding for gifted 9-12 in Florida is still at risk...  negotiations continue in Tallahassee so stay tuned.  The Florida Gifted Network will send an alert just as soon as there is something significant to report.
 
PVA urges parents to be sure you are subscribed to the Florida Gifted Network's Alerts: www.floridagiftednet.org
 
Additionally, Excellence in Education is working with a lobbyist to ensure only the cap and OPPAGGA study prevail and that gifted education, grades K-12, remain part of exceptional education in Florida.
 
PVA would like to publicly thank our local legislative delegation and their staff, who have fielded concerned constituent phone calls & emails and who have worked to correct the problems with gifted funding during the current legislative session:
  • Senator Lisa Carlton
  • Senator Mike Bennett
  • Representative Keith Fitzgerald
  • Representative Mike Grant
  • Representative Doug Holder
Additionally, School Board Member Shirley Brown has taken the lead to assist in protecting our gifted children in Sarasota County.  Thank you, Mrs. Brown, for your continued support of gifted education in Sarasota and throughout the State of Florida.
 
GIFTED STILL AT RISK UNDER SB 1046
Representative Keith Fitzgerald (850) 488-7754
Representative Michael Grant (850) 488-0060
Representative Doug Holder (850) 488-1171
Senator Michael Bennett (850) 487-5078
Senator Lisa Carlton (850) 487-5081
 
4/17/2007 1:00 p.m.
Conferences on the gifted legislation have begun so we need you to make contact now or as soon as you read this.  Here is the bottom line. 
  1. Ask House and Senate members to adopt the language from the House re: Guaranteed Allocations for gifted students K-12
  2. Tell them the Senate language is extremely troubling because for the first time ever it eliminates grades 9-12 from the Guaranteed Allocation funds.  It arbitrarily removes gifted (9-12) from ESE.
  3. Furthermore, it sets up the framework to remove ALL gifted from ESE in the future.
  4. If the Senate wants to cap funding for 9-12 at current levels - then JUST SAY THIS IN THE BILL and remove lines 24 - 26
PROBLEMATIC LANGUAGE IN SB 1046:
  • 24            Additional funds for these exceptional students and

    25  students who are gifted in grades K through 8 will be provided

    26  through the guaranteed allocation designated in subparagraph

    Lines 24 - 26 on page 5 of SB 1046 create the Guaranteed Allocation for exceptional students without a matrix, which includes gifted students K-8 ONLY.  For the first time ever, this language removes grades 9-12 from the state's Guaranteed Allocation.

Florida Gifted Network Alert - April 17, 2007

If you want Florida's students to successfully compete nationally & internationally, then you don't hurt programs & services for our most capable learners.

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The Florida Gifted Network applauds and supports the House for hearing parent concerns, restoring the definition of “exceptional students” to include students who are “gifted” and for pushing for a comprehensive study by the Office of Program Policy Analysis and Governmental Accountability OPPAGA).

The Florida Gifted Network appreciates the efforts of the Senate to “fix” parent concerns in SB 1046 and respectfully urges Senators during Conference to delete the K-8 language which in inexorably leads to the elimination of gifted services and funding for gifted high school students.

BOTTOM LINE - Every word and phrase has meaning in legislation and statute.

Regarding SB 1046, the Florida Gifted Network requests that the Senate support striking the phrase and gifted students in grades K-8 in three places:

Page 5, lines 24 & 25 Page 5, lines 29 & 30 Page 6, line 10

If the intent of the Senate is simply to provide for a cap on funding for high school gifted students, then the superfluous & arbitrary language in SB 1046 must be excluded in the final bill the Legislature adopts.

The Florida Gifted Network also supports:

Maintaining all gifted students under the definition of “exceptional student” in state statutes.

Establishing a one year cap based on the FTE/numbers of gifted students, rather than on the amount of funding in the Guaranteed Allocation.

A comprehensive study of gifted services and funding (consistent with the House language) to be conducted by the OPPAGA.

No grade level limitations (other than the “cap” ) on gifted student funding in the Guaranteed Allocation section of 1011.62.f.s.

Two steps you need to take today/tomorrow to ensure the continuance of gifted K-12 funding & services for the future:

1. Call or email you Senator: (Preferably phone their offices in Tallahassee.)

Thank them for keeping “gifted’” under the definition of “exceptional students.”

Urge them to support striking the phrase and gifted students in grades K-8 in three places:

Page 5, lines 24 & 25

Page 5, lines 29 & 30

Page 6, line 10

If the intent of the Senate for this legislative session is to only place a cap on high school gifted funding, then why is it necessary to add the language on page 5, lines 24-25 & lines 29-30? and gifted students in grades K-8

The House was able to draft their amendment, with the same cap language and no other changes to statute 1011.62 Tell your senators that unintentional consequences can have devastating results.

Urge them to support the House position and language in amendment 100003 - HB 7151.

2. Call or email your Representative: (again)

Thank them for the work the House has done to address the concerns of parents of gifted children.

Let them know that you support the House position, as outlined in amendment 100003 to HB 7151.  Ask them to please convey to the House Conferees ---- Don’t back off of the House position and the wording in Amendment 100003.

THE REST OF THE STORY

The House Version

The House passed Amendment 10003 as part of HB7151 which:  Keeps “gifted” students under the definition of “exceptional” in grades K-12.  Freezes gifted funding for high school students at 2006-07 levels

Requires that the Office of Program Policy Analysis and Government Accountability (OPPAGA) conduct a detailed study of gifted funding, district practices regarding gifted education, best practices regarding gifted education, etc.

The Senate Version

Intentionally or not, specific language in SB 1046 lays the statutory foundation for the elimination of high school gifted services and the removal of the various provisions and protections for gifted students under the exceptional student education umbrella .

Should the language in SB 1046 prevail as the final language in this legislative session the gifted program for high school students, beginning in 2008-2009 will become the various accelerated programs such as AP and Dual Enrollment.

There will be no state provided funding for gifted students in grades 9-12 from the ESE Guaranteed Allocation. (Unfunded Mandate)

Gifted students in grades 9-12 will lose their current provision of free appropriate public education (FAPE).

There will be no more identification of gifted students in grades 9-12.

Particularly at risk will be minority and low socio-economic students who often are not identified for gifted programs until middle school or high school.

The Department of Education will be required to revise the State Board of Education Rules to come into compliance with the statutory changes of SB 1046.

High school gifted students will no longer be afforded Educational Plans or Procedural Safeguards.

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www.floridagiftednet.org
4/17/2007 8:00 a.m.
Dear Concerned Parents of Gifted Learners:
 
Senators and gifted advocates have been assured that amendments to SB 1046 “fix” the problem with legislation impacting students who are gifted.  The Florida Gifted Network and other concerned parents around the state disagree.

 

FGN has talked with many Senators and Representatives in the past few days.  According to Senate Education Appropriations Senior Staff, the intent of SB 1046 is only to cap funding for gifted students in grades 9-12 at the current funding levels.  However, a close reading of the bill provides a stark contrast to the Senate’s stated intent.  If passed into law the consequences of SB 1046 would devastate high school gifted students and programs.

  

CALL TO ACTION:
Contact your House member and thank them for all that the House has done to protect our gifted children. 
 
Ask the House to please urge their House Conferees to hold tight and stay strong with the House position.  Ask them to continue to advocate for the following:
  1. Keep all gifted students under the definition of “exceptional student” in state statutes.
  2. Maintain the provision of free appropriate public education (FAPE) for all gifted students, grades K-12.
  3. Maintain the Guaranteed Allocation funding to include gifted students in grades K-12.
  4. Establish a one year cap based on the FTE/number of gifted students, rather than on the amount of funding in the Guaranteed Allocation.
  5. Establish a comprehensive study of gifted services and funding (consistent with the House language) to be conducted by the Office of Program Policy Analysis and Governmental Accountability (OPPAGA).
  6. Maintain State Board of Education Rules, such as those regarding the Education Plan for Gifted and Procedural Safeguards for Gifted, for all gifted students, K-12.
FAX or CALL your Senators to thank them for supporting gifted education as we believe most intend to do just that. 
 
Urge the Senate to encourage their Senate Conferees to support the House position.  Ask them to support the six points above.
Senator Michael Bennett (District 21)
FAX (941) 727-6352 
PHONE (850) 487-5081
 
Senator Lisa Carlton (District 23)
FAX (941) 486-2050
PHONE (850) 487-5078
 
THANK YOU FOR YOUR CONTINUED SUPPORT!