senate Bill S1875

Amended

Relates to gifted and talented pupils with special needs; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 03 / May / 2013
    • AMEND AND RECOMMIT TO EDUCATION
  • 03 / May / 2013
    • PRINT NUMBER 1875A
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 23 / Jan / 2014
    • PRINT NUMBER 1875B

Summary

Relates to gifted and talented pupils with special needs.

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Bill Details

See Assembly Version of this Bill:
A1522
Versions:
S1875
S1875A
S1875B
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§3602-c, 4451 & 4452, rpld & add §4452 sub 1 ¶¶c, d, e & f, §4453, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1273, A5507
2009-2010: S6216A, A9209A

Sponsor Memo

BILL NUMBER:S1875

TITLE OF BILL: An act to amend the education law, in relation to gifted
and talented pupils with special needs, and to repeal certain provisions
of such law related thereto

PURPOSE OR GENERAL IDEA OF BILL:; To address the unrecognized and under-
served gifted and talented children with special needs in New York City
public schools and public schools throughout the State of New York.

SUMMARY OF SPECIFIC PROVISIONS: Amendments are made to the Education law
(section 3602-c; section 4451; section 4452), and sections 4452 and 4453
of the Education law are repealed and new paragraphs are added.

EXISTING LAW: Dictates educational programs and/or services are avail-
able for children who require extraordinary learning, but neglects and
excludes children with special needs who require advanced learning.

JUSTIFICATION: Prior efforts had been made in recent years by the United
States government and other interested parties to classify pupils with
disabilities and proven evidence of high cognitive capabilities, but
because these efforts have largely remained fruitless, educational
opportunities and placement in to gifted programs are being denied for
pupils with special needs.

Two current pieces of federal education legislation had sought to
address this issue: The Gifted and Talented Students Act of 2007 and the
Talented Students Education Act of 2001. The Gifted and Talented
Students Act of 2007 was referred to the subcommittee on Early Child-
hood, Elementary, and Secondary Education on September 11, 2007 where it
remained and did not move further. The Talented Students Education Act
of 2001 did not move out of its respective committee, as well. Although
the proposed legislative pieces would have created funding for research,
demonstration projects, innovative strategies and direct education
services and materials to gifted and talented students, it did not
compel service to the twice-exceptional in any school district in any
state.

In 2006, the National Education Association explained in their manual
THE TWICE EXCEPTIONAL DILEMMA that twice-exceptional students "students
who have outstanding gifts or talents and are capable of high perform-
ance, but who also have a disability that affects some aspect of learn-
ing" - are among the most frequently under-identified population in
public schools, and are thus underserved. The manual highlighted an
unnecessary problem for educators, parents, and students who must
continually ask themselves what service they would choose in addressing
one exceptionally or the other.

A pupil who is either hearing, speech, visually, orthopedic or health
impaired, as well as emotionally disturbed or learning disabled, should
have the option to apply for and be eligible for a special education

needs and related services gifted program. If a pupil can demonstrate in
their evaluation outstanding ability in one area (e.g., abstract reason-
ing, divergent thinking, vocal articulation, fine artistry-including
dance, a well above average ability to comprehend and articulate reading
content) over an area that affects learning (e.g., social cues-as in
Asberger's Syndrome, reading, writing or math impairment-as in Dyslexia,
Disgraphia or iscalculia, maladjustment disorders or attention deficit),
that pupil should have an opportunity to improve on their special gift
within an educational environment fully satisfying to their exceptional
needs and characteristics.

By enacting this bill, these under-identified pupils will be identified
and services will be made available for them. Doing so will not only
provide these students with a free and appropriate education, but also
it will serve society. By developing the gifts and talents of this
at-risk student population, the education system will be generating a
valuable societal resource rather than creating a societal burden.

PRIOR LEGISLATIVE HISTORY: 2011-12: A.5507/S.1273 2009-10:
A.9209-A/S.6216-A

FISCAL IMPLICATIONS: Unknown. Appropriation of state funds shall take in
account the education of both gifted pupils and twice-exceptional
pupils, with the latter defining pupils who have disabilities and have
shown evidence of high cognitive capabilities. In addition, this act
calls for the education commissioner to establish an advisory council
consisted of at least ten members on the education of gifted and twice-
exceptional pupils.

EFFECTIVE DATE: This act shall take effect April 1, 2013; provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made and completed on
or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1875                                                  A. 1522

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

IN  ASSEMBLY  -- Introduced by M. of A. THIELE, JAFFEE, MAISEL -- Multi-
  Sponsored by -- M. of  A.  MAGNARELLI,  McDONOUGH  --  read  once  and
  referred to the Committee on Education

AN  ACT  to  amend the education law, in relation to gifted and talented
  pupils with special needs, and to repeal certain  provisions  of  such
  law related thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 3602-c of  the  education  law  is
amended by adding a new paragraph g to read as follows:
  G.  "TWICE-EXCEPTIONAL"  SHALL  MEAN THOSE PUPILS WHO GIVE EVIDENCE OF
THE POTENTIAL FOR HIGH COGNITIVE  PROCESSING  CAPABILITIES  COMMENSURATE
WITH  OR  CONTRARY  TO  COGNITIVE  PROCESSING  TAKEN AS NORMS OF REGULAR
EDUCATION IN AREAS SUCH AS, BUT  NOT  LIMITED  TO:  SPECIFIC  ACADEMICS,
GENERAL  INTELLECTUAL  ABILITY,  CREATIVITY,  LEADERSHIP, AND/OR VISUAL,
SPATIAL OR PERFORMING ARTS; AND ALSO GIVE EVIDENCE OF ONE OR MORE  DISA-
BILITIES  AS  DEFINED  BY FEDERAL OR STATE ELIGIBILITY CRITERIA SUCH AS,
BUT NOT LIMITED TO, SPECIFIC LEARNING DISABILITIES, SPEECH AND  LANGUAGE
DISORDERS, EMOTIONAL/BEHAVIORAL DISORDERS, PHYSICAL DISABILITIES, AUTISM
SPECTRUM,  OR  OTHER  HEALTH  IMPAIRMENTS, SUCH AS ADHD. SUCH TERM SHALL
INCLUDE THOSE PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND
THOSE NORMALLY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO  REAL-
IZE THEIR FULL POTENTIAL.
  S  2.  Paragraph a of subdivision 1 of section 3602-c of the education
law, as amended by chapter 474 of the laws of 2004, is amended  to  read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04499-01-3

S. 1875                             2                            A. 1522

  a.  "Services"  shall  mean instruction in the areas of gifted pupils,
TWICE-EXCEPTIONAL PUPILS, career education and  education  for  students
with   disabilities,  and  counseling,  psychological  and  social  work
services related to such instruction provided during the regular  school
year  for  pupils  enrolled  in  a  nonpublic school located in a school
district, provided that such instruction is given to pupils enrolled  in
the public schools of such district.
  S 3. Section 4451 of the education law, as added by chapter 740 of the
laws of 1982, is amended to read as follows:
  S 4451. Powers  of  the  department  with  respect  to  gifted pupils.
[Subject to the availability of funds, the] THE state education  depart-
ment  is  hereby  authorized  [and],  empowered  AND  DIRECTED to assist
districts in meeting the  educational  needs  EQUALLY  of  BOTH  GENERAL
EDUCATION AND DISABLED gifted pupils through the following:
  1.  provide  information to school districts concerning development of
programs, curriculum resources, instructional procedures and  strategies
to  identify  and  encourage EQUALLY BOTH GENERAL EDUCATION AND DISABLED
gifted pupils;
  2. provide technical assistance and [inservice]  IN-SERVICE  education
for teachers and administrators;
  3.  maintain  a  record  of  programs  available, and make this record
available for public inspection;
  4. develop, maintain, and distribute a handbook for  parents  of  BOTH
GENERAL EDUCATION AND DISABLED gifted pupils.
  S  4.  The  opening  paragraph of subdivision 1 of section 4452 of the
education law, as added by chapter 740 of the laws of 1982,  is  amended
to read as follows:
  In  order to provide for educational programs to meet special needs of
gifted pupils, the commissioner is hereby  authorized  AND  DIRECTED  to
make   recommendations  to  school  districts  in  accordance  with  the
provisions of this subdivision and section  thirty-six  hundred  two  of
this chapter.
  S  5. Subdivision 1 of section 4452 of the education law is amended by
adding a new paragraph a-1 to read as follows:
  A-1. AS USED IN THIS ARTICLE, THE TERM "TWICE-EXCEPTIONAL" SHALL  MEAN
THOSE PUPILS WHO GIVE EVIDENCE OF THE POTENTIAL FOR HIGH COGNITIVE PROC-
ESSING  CAPABILITIES COMMENSURATE WITH OR CONTRARY TO COGNITIVE PROCESS-
ING TAKEN AS NORMS OF REGULAR EDUCATION IN AREAS SUCH AS, BUT NOT LIMIT-
ED TO:  SPECIFIC ACADEMICS, GENERAL  INTELLECTUAL  ABILITY,  CREATIVITY,
LEADERSHIP,  AND/OR  VISUAL,  SPATIAL  OR PERFORMING ARTS; AND ALSO GIVE
EVIDENCE OF ONE OR MORE DISABILITIES AS  DEFINED  BY  FEDERAL  OR  STATE
ELIGIBILITY  CRITERIA  SUCH  AS,  BUT  NOT LIMITED TO, SPECIFIC LEARNING
DISABILITIES, SPEECH AND LANGUAGE DISORDERS, EMOTIONAL/BEHAVIORAL DISOR-
DERS, PHYSICAL DISABILITIES, AUTISM SPECTRUM, OR  OTHER  HEALTH  IMPAIR-
MENTS,  SUCH  AS  ADHD.   SUCH DEFINITION SHALL INCLUDE THOSE PUPILS WHO
REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMALLY  PROVIDED
BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL POTENTIAL.
  (I) FOR THE PURPOSE OF THIS ARTICLE, THE TERMS "DISABILITY" AND "DISA-
BLED" SHALL MEAN A CHILD:
  A.  WITH  HEARING IMPAIRMENTS (INCLUDING DEAFNESS), SPEECH OR LANGUAGE
IMPAIRMENTS,  VISUAL  IMPAIRMENTS   (INCLUDING   BLINDNESS),   EMOTIONAL
DISTURBANCE,   ORTHOPEDIC  IMPAIRMENTS,  OTHER  HEALTH  IMPAIRMENTS,  OR
SPECIFIC LEARNING DISABILITIES; AND
  B. WHO,  BY  REASON  THEREOF,  NEEDS  SPECIAL  EDUCATION  AND  RELATED
SERVICES WITHIN A GIFTED PROGRAM.

S. 1875                             3                            A. 1522

  (II)  FOR  PURPOSES OF THIS ARTICLE, THE TERM "SPECIFIC LEARNING DISA-
BILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC PSYCHOLOGICAL PROC-
ESSES INVOLVED IN UNDERSTANDING OR IN USING LANGUAGE, SPOKEN OR WRITTEN,
WHICH DISORDER MAY MANIFEST ITSELF IN THE IMPERFECT ABILITY  TO  LISTEN,
THINK, SPEAK, READ, WRITE, SPELL, OR DO MATHEMATICAL CALCULATIONS.
  S  6. Paragraphs c, d, e and f of subdivision 1 of section 4452 of the
education law are REPEALED and five new paragraphs c, d, e, f and g  are
added to read as follows:
  C.  PRIOR TO PAYMENT OF STATE FUNDS FOR EDUCATION OF GIFTED PUPILS AND
TWICE-EXCEPTIONAL PUPILS, A SCHOOL DISTRICT SHALL SUBMIT TO THE  COMMIS-
SIONER  A  SUMMARY  PLAN  FOR THE IDENTIFICATION AND EDUCATION OF GIFTED
PUPILS AND TWICE-EXCEPTIONAL PUPILS. THE  PLAN  SHALL  BE  IN  FORM  AND
CONTENT AS PRESCRIBED BY THE COMMISSIONER.
  D.  UPON  ACCEPTANCE  BY A LOCAL SCHOOL DISTRICT OF THE APPORTIONMENTS
MADE UNDER SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SUCH  DISTRICT
SHALL  USE  SUCH FUNDING IN ACCORDANCE WITH GUIDELINES TO BE ESTABLISHED
BY THE COMMISSIONER FOR SERVICES TO GIFTED PUPILS AND  TWICE-EXCEPTIONAL
PUPILS.    SUCH SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO IDENTIFICA-
TION, INSTRUCTIONAL PROGRAMS, COUNSELING PLANNING, IN-SERVICE  EDUCATION
AND  PROGRAM  EVALUATION. A BOARD OF EDUCATION MAY CONTRACT WITH ANOTHER
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  TO  PROVIDE  THE
PROGRAM  AND/OR  SERVICES  WITH  THE  APPROVAL OF THE COMMISSIONER UNDER
GUIDELINES ESTABLISHED BY THE COMMISSIONER.
  E. THE IDENTIFICATION OF PUPILS FOR  PARTICIPATION  IN  EITHER  GIFTED
PROGRAMS  OR  TWICE-EXCEPTIONAL PROGRAMS FUNDED UNDER THIS CHAPTER SHALL
COMMENCE THROUGH THE REFERRAL OF A PARENT, TEACHER OR ADMINISTRATOR.
  F. UPON REFERRAL OF A PUPIL  FOR  PARTICIPATION  IN  EITHER  A  GIFTED
PROGRAM  OR  TWICE-EXCEPTIONAL  PROGRAM  FUNDED  UNDER THIS CHAPTER, THE
SCHOOL DISTRICT SHALL SO INFORM THE PARENT OR GUARDIAN OF  SUCH  PUPIL'S
REFERRAL AND SHALL SEEK THEIR APPROVAL TO ADMINISTER DIAGNOSTIC TESTS OR
OTHER  EVALUATION  MECHANISMS  RELATED  TO THE PROGRAM OBJECTIVES OF THE
DISTRICT IN ORDER TO DETERMINE ELIGIBILITY  FOR  PARTICIPATION  IN  SUCH
GIFTED  OR  TWICE-EXCEPTIONAL  PROGRAM. FAILING TO RECEIVE APPROVAL, THE
CHILD SHALL NOT BE TESTED, EVALUATED OR PARTICIPATE IN THE  PROGRAM.  IN
NO  CASE  SHALL  THE  PARENT, GUARDIAN OR PUPIL BE CHARGED A FEE FOR THE
ADMINISTRATION OF SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS.
  G. THE PARENT OR GUARDIAN OF A PUPIL DESIGNATED AS GIFTED OR TWICE-EX-
CEPTIONAL SHALL BE INFORMED BY  THE  LOCAL  SCHOOL  AUTHORITIES  OF  THE
PUPIL'S  PLACEMENT  IN  SUCH  GIFTED OR TWICE-EXCEPTIONAL PROGRAM FUNDED
UNDER THIS CHAPTER.
  S 7. Section 4453 of the education law is REPEALED and a  new  section
4453 is added to read as follows:
  S  4453.  ADVISORY  COUNCIL ON THE EDUCATION OF GIFTED PUPILS. 1.  THE
COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT AN  ADVISORY  COUNCIL
ON  THE  EDUCATION  OF GIFTED AND TWICE-EXCEPTIONAL PUPILS. SUCH COUNCIL
SHALL ASSIST AND ADVISE THE COMMISSIONER AND HIS DESIGNEES WITH  RESPECT
TO  POLICIES  AND  PROCEDURES  RELATING  TO  THE EDUCATION OF GIFTED AND
TWICE-EXCEPTIONAL PUPILS AND PROGRAMS ASSOCIATED THEREWITH.
  2. SUCH ADVISORY COUNCIL APPOINTED BY THE COMMISSIONER  SHALL  CONSIST
OF  AT LEAST TEN MEMBERS, WHO ARE DIRECTLY CONCERNED WITH GENERAL EDUCA-
TION AND DISABLED GIFTED PUPILS OR WHO HAVE SPECIALIZED IN THE EDUCATION
OF SUCH PUPILS, PROVIDED,  HOWEVER  THAT  SUCH  ADVISORY  COUNCIL  SHALL
INCLUDE  AT  LEAST  A  PLURALITY  OF  PARENTS  OF SUCH PUPILS, INCLUDING
PARENTS OF THOSE TWICE-EXCEPTIONAL PUPILS. THE MEMBERS  SHALL  BE  RESI-
DENTS  OF  THIS STATE AND SHALL BE SELECTED ON THE BASIS OF THEIR COMPE-

S. 1875                             4                            A. 1522

TENCE, CONCERN, AND PROFESSIONAL ACTIVITY IN THE EDUCATION OF GIFTED AND
TWICE-EXCEPTIONAL PUPILS.
  3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES EACH YEAR AT A
LOCATION  TO  BE  DETERMINED  BY  THE COMMISSIONER. THE ADVISORY COUNCIL
SHALL REPORT AT LEAST BIANNUALLY TO THE COMMISSIONER.
  S 8. This act shall take effect April 1, 2013; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized to be made and completed on or before such date.

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