Ninety-Fifth Legislature - Second Session - 1998

Introducer's Statement of Intent

LB 1229

Education Committee

CHAIRPERSON

Ardyce L. Bohlke

The following constitutes the reasons for this bill and the purposes which are sought to be accomplished thereby:

Legislative Bill 1229 requires the provision of approved accelerated or differentiated curriculum programs for students identified as learners with high ability. The bill also provides funds for accelerated or differentiated curriculum programs and includes those funds in the special education allowance.

Section 79-1105 is amended to include the implementation of the new reporting and funding sections in the duties of the consultant for learners with high ability.

Section 79-1106 is amended to include the new reporting and funding sections in the purpose provisions for the sections relating to learners with high ability. The purpose is also modified to reflect the specification of accelerated or differentiated curriculum programs.

Section 79-1107 is amended to modify definitions and include the new reporting and funding sections in the definitions section relating to learners with high ability. The definition for 66 approved programs or services" is replace with a definition for "approved accelerated or differentiated curriculum programs. The definition remains similar, except for a specification that the programs are academic. The definition for "learners with high ability" is modified by replacing the student requirement for "services or activities not ordinarily provided by the school" with a student requirement for "accelerated or differentiated curriculum programs."

Section 79-1108 is amended to require school districts to provide accelerated or differentiated curriculum programs. Currently, school districts are required to identify students and provide programs or services contingent upon available local, state, or federal funding. Educational service units are removed from the duty to identify learners with high ability and provide programs. A provision is added allowing educational service units to identify students and provide services for school districts. Educational service units are also added as a potential recipient of funds from the Education Innovation Fund for the development and improvement of programs. The term "accelerated or differentiated curriculum programs" replaces "programs or services" throughout the section.

A new section requires school districts to annually provide the department with a copy of

their criteria for identifying students, the number identified, and the number participating in approved accelerated or differentiated curriculum programs. School districts will also have a list of identified students compared to the criteria available for inspection by the department.

A new section provides funding for programs. Beginning with 1998-99, the Legislature shall appropriate funds to be distributed to local systems annually on or before September 1. It is the intent to appropriate $6,000,000 for 1998-99, and for each year thereafter, $6,000,000 increased by the percentage growth in identified participating students plus tile basic allowable growth rate.

Through 2000-01, 5% of the appropriation shall be reserved for grants for startup costs as defined by the State Board of Education. The distribution shall be based on a pro rata share of the eligible costs submitted in grant applications.

Local systems may also apply for base funds and matching funds. Each eligible local system shall receive 0. 10% of the appropriation as base funds plus a pro rata share of the remainder based on identified students participating in accelerated or differentiated curriculum programs as matching funds. The identified students for the purpose of matching funds cannot exceed 10% of the prior year's fall membership. Eligible local systems shall:

a. Operate an approved accelerated or differentiated curriculum program;

b. Provide funds from other sources greater than or equal to 50% of the matching funds;

c. Provide an accounting of the base funds, matching funds, local system funds, and the total cost of the program on or before August I of the year following receipt of funds;

d. Provide data on the academic progress of participating students in a manner prescribed by the department, not to exceed one report per year; and

e. Include identified students from Class I districts that are part of the local system in the programs.

If a local system will not be providing the necessary funds, the local system shall request a

reduction in the amount received such that the system will be in compliance. Local systems

not complying with the requirements shall not be eligible in the following year.

Section 79-1003 is amended to include accelerated or differentiated curriculum program receipts in the special education allowance. Section 79-1018.01 is amended to include the receipts as accountable receipts in the state aid formula.

Section 9-8121 is amended to harmonize the lottery provisions with the implementation of 16 accelerated and differentiated curriculum" terminology. Programs for learners with high ability are currently eligible for funds from the Education Innovation Fund.

The state board shall adopt rules and regulations, including criteria for approval of accelerated or differentiated curriculum programs and data requirements for measuring academic progress.

DATE OF HEARING February 9, 1998

Ardyce L. Bohlke

Principal Introducer