Gifted and Talented Education and The Law Compliance and Advocacy

1. Gifted and Talented Education and The Law Compliance and Advocacy NJAGC 25th Annual Conference Power Up! Learning All Day, Every Day! April 15 & 16, 2016 Roberta Braverman, Vice President, Advocacy, NJAGC roberta.braverman@gmail.com Michael F. Kaelber, Esq. Director, Legal & Labor Relations Services mkaelber@njsba.org New Jersey School Boards Association – Serving Local Boards of Education Since 1914

2. Federal Governance – G&T Federal Statutes and Regulations Jacob Javits Gifted and Talented Students Education Program ESEA, IASA, NCLB, ESSA Title I – LEA plans on identifying and serving G&T students Title II – Professional Development SEA; G&T, identify and provide instruction based on needs LEA; address learning needs of G&T students New Jersey School Boards Association – Serving Local Boards of Education Since 1914

3. State Governance – G&T New Jersey School Funding New Jersey Constitution – T&E Clause School Funding Reform Act of 2008 Education Funding Report – 2/23/2012 Educational Adequacy Report – 12/14/2012, 3/1/2016 New Jersey School Boards Association – Serving Local Boards of Education Since 1914

4. State Governance – G&T New Jersey School Funding Adequacy Budget – Local Share = Equalization Aid Base Per Pupil Amounts 2016-2017 Elementary $ 11,009 Middle School $ 11,449.36 High School $ 12,770.44 New Jersey School Boards Association – Serving Local Boards of Education Since 1914

5. State Governance – G&TN.J.A.C. 6A:8 Standards and Assessment Gifted and Talented Students Students who possess or demonstrate high levels of ability, in one or more content areas, when compared with their chronological peers in the local school district and who require modifications of their educational program if they are to achieve in accordance with their capabilities. New Jersey School Boards Association – Serving Local Boards of Education Since 1914

6. State Governance – G&TN.J.A.C. 6A:8 Standards and Assessment Instructional Adaptations An adjustment or modification to instruction enabling students with disabilities, ELLs, or students who are gifted and talented to participate, benefit from, and/or demonstrate knowledge and application of the CCCS. New Jersey School Boards Association – Serving Local Boards of Education Since 1914

7. Core Curriculum Content Standards Board Implementation N.J.A.C. 6A:8-3 Identification G&T Students, K-12 Multiple measures – e.g. teacher/parent recommendation, performance, testing Provide Appropriate G&T Educational Services - K-12 New Jersey School Boards Association – Serving Local Boards of Education Since 1914

8. Core Curriculum Content Standards Board Implementation N.J.A.C. 6A:8-3 Develop Curricular and Instructional Modifications to CCCS – G&T Content, Process, Products and Learning Environment New Jersey School Boards Association – Serving Local Boards of Education Since 1914

9. Core Curriculum Content Standards Board Implementation N.J.A.C. 6A:8-3 Adaptation, Differentiation, Acceleration, Enrichment, Cluster Grouping Consideration of NAGC Standards New Jersey Commission on Programs for Gifted Students January 2005 New Jersey School Boards Association – Serving Local Boards of Education Since 1914

10. Core Curriculum Content Standards Board Implementation N.J.A.C. 6A:8-3 Teachers, Educational Services Staff, School Leaders Actively Assist and Support Professional Development Collaborative Professional Learning; Adequate and Consistent Time Across Content Areas and Grade Levels New Jersey School Boards Association – Serving Local Boards of Education Since 1914

11. Core Curriculum Content Standards Board Implementation N.J.A.C. 6A:8-3 Review and Continuous Improvement of Curriculum and Instruction Provide Time and Resources to Develop Supportive Curricula and Instructional Tools Modifications for G&T students New Jersey School Boards Association – Serving Local Boards of Education Since 1914

12. Core Curriculum Content Standards Board Implementation N.J.A.C. 6A:8-3, 6A:8-5.1a,2,ii Enrollment in College Courses Option 2 – Graduation Requirements Public Education Alternatives- Charters, Choice, Academies Equality in School and Classroom Practices; Bilingual New Jersey School Boards Association – Serving Local Boards of Education Since 1914

13. Curriculum Frameworks Standards Support Materials Resource to Local Districts, Classroom Teachers, Staff Developer Differentiation, Acceleration, Enrichment, Grouping, Independent Study 1996, 2004, 2009, 2014 New Jersey School Boards Association – Serving Local Boards of Education Since 1914

14. State Monitoring of G&T Who’s Checking on School Districts? State Monitoring – Historical Perspective New Jersey Quality Single Accountability Continuum – QSAC 2012 Revisions New Jersey School Boards Association – Serving Local Boards of Education Since 1914

15. Case Law – G&T Charter Schools Child Custody Budgets and School Funding Gifted Disabled Students Equity – Attendance Zones New Jersey School Boards Association – Serving Local Boards of Education Since 1914

16. Case Law – G&T Admission to G&T Programs Policies and Procedures Clear Consistent with DOE Policy on Identification Selection Process Set Forth Rational Basis, Correctly Applied New Jersey School Boards Association – Serving Local Boards of Education Since 1914

17. Case Law – G&T G&T Curriculum There is no law or regulation which prescribes the substantive content of a G&T program Appropriate Content, Process, Products and Learning Environment; K-12 NAGC Standards - Consideration New Jersey School Boards Association – Serving Local Boards of Education Since 1914

18. G&T Teacher Certification Instructional Certificate – no specific endorsement required Rutgers Continuing Studies Gifted Education Certificate Program gifteded.rutgers.edu New Jersey School Boards Association – Serving Local Boards of Education Since 1914

19. G&T Student Fees Student Activity Fees T&E Discussion Activity Fee Statutes Case Law New Jersey School Boards Association – Serving Local Boards of Education Since 1914

20. G&T and PARCC NJSBA FAQ Statutes, Administrative Code, Case Law DOE Letter to New Jersey Proposed Legislation New Jersey School Boards Association – Serving Local Boards of Education Since 1914

21. What’s New? Common Core / G & T + Recognize and address student learning differences + Incorporate rigorous content + Apply knowledge through higher thinking skills (-) “The standards do not define the nature of advanced work for students who meet the standards prior to the end of high school.” FAQs: http://www.nagc.org/index2.aspx?id=8980

22. Your Role to Respond to parental requests DUE PROCESS • Ask for program review cycle (show identification / public pieces for process, have names of students, be able to complete reports, have a budget, assign staff as liaisons / building level contacts) • What do you have “on the books”? Policy & Procedures, open access to student records, have “issues” procedures in place and shared / public • Compliance issues can go to county DOE (may affect future monitoring) • Can rise to Commissioner of Education New Jersey School Boards Association – Serving Local Boards of Education Since 1914

23. Fifty Shades of G… What’s the difference? “school-house” v. creative/productive gifted How do we know? Various theories, tests Atypical Gifted- twice exceptional, underachiever, absent-minded professor, perfectionist, etc. Asynchronous development Services should be based on need New Jersey School Boards Association – Serving Local Boards of Education Since 1914

24. Kinds of Services in Schools Academic acceleration (procedures for vertical) Enrichment (breadth & depth) Specialized counseling Modified delivery of curriculum, differentiation delineated New Jersey School Boards Association – Serving Local Boards of Education Since 1914

25. Research and Resources NJ Department of Education on Gifted includes FAQs http://www.state.nj.us/education/aps/cccs/g_and_t_req.htm March is Gifted and Talented Students Month Acceleration: www.nationdeceived.org \ New Jersey School Boards Association – Serving Local Boards of Education Since 1914

26. NAGC Position Papers http://www.nagc.org/positionpapers.aspx Twenty topics to use for creating services for gifted students, preparing teachers, dealing with social and emotional issues and much more! New Jersey School Boards Association – Serving Local Boards of Education Since 1914

27. Parent Groups: Friends or Foes Contests Funding special events Hands on help How to? Free e-book online http://www.nagc.org/welcomeparents.aspx New Jersey School Boards Association – Serving Local Boards of Education Since 1914

28. Gifted and Talented Education and The Law Questions? New Jersey School Boards Association – Serving Local Boards of Education Since 1914