senate Bill S1874A

2013-2014 Legislative Session

Directs that teachers be trained in the education of gifted students, and provides start-up funding for such training; repealer; appropriation

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
May 03, 2013 print number 1874a
amend and recommit to finance
Jan 09, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

S1874 - Bill Details

See Assembly Version of this Bill:
A1524A
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Amd §3004, rpld & add §3204 sub 2-b, §3208 sub 5 ¶d, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1272, A5506
2009-2010: S6287A, A6989B

S1874 - Bill Texts

view summary

Directs that teachers be trained in the education of gifted students, and provides start-up funding for such training; authorizes necessary rule and/or regulation changes to properly implement the provisions of this legislation; appropriates $1,000,000 therefor.

view sponsor memo
BILL NUMBER:S1874

TITLE OF BILL: An act to amend the education law, in relation to teach-
er training in programs for gifted students; to repeal certain
provisions of such law relating thereto; and making an appropriation
therefor

PURPOSE: Directs that teachers be trained in the education of gifted
students, and provides start-up funding for such training; repealer;
appropriation.

SUMMARY OF PROVISIONS: Section 1 amends education law by adding § 3004
(7) to require, as part of licensure and certification for teachers and
certain educational professionals, three credits of course work or
training in the education of gifted and talented, including twice-excep-
tional students, as well as the inclusion of practices to identify gift-
ed children in required professional development plans.

Section 2 amends § 3204 (2-b) of education law to require school
districts to provide gifted students with instruction under a teacher
with appropriate training in educating gifted pupils. This section also
requires school districts to provide acceleration opportunities in
grades one, three and five, similar to those currently required in grade
eight.

Section 3 amends § 3208 (5) (d) of education law to require that school
districts notify parents if diagnostic screening indicates that their
child is possibly gifted. This section also entitles such child to gift-
ed instruction.

Section 4 appropriates one million dollars ($1,000,000) to fund teacher
training in instruction of gifted pupils.

JUSTIFICATION: It is important that our education system is able to meet
the needs of its brightest students, so New York can continue to produce
and retain talented leaders. In a time of serious anxiety whether or not
New York's education system is preparing our youth to succeed in an
increasingly competitive global economy, it is ironic that current state
law abandons this state's most promising citizens.

Currently New Your State Education Law does not require schools to
provide any services to gifted and talented students. Given this and the
lack of funding for gifted and talented program, many schools are simply
ignoring their most gifted students. Gifted and Talented Aid is provided
through

Comprehensive Operating Aid, allowing schools to cut gifted and talented
programs and apply the funds elsewhere. The "No Child Left Behind Act"
has focused national attention on how schools can better educate their
lower-achieving students. With this school officials feel obligated to

prioritize programs that address the needs of their most disadvantaged
students.

Funds are distributed to academic intervention services, English as a
second language programs, and special education at the expense of gifted
education. While the need to pour resources into these programs is unde-
niably great, to neglect gifted and talented students not only stifles
the potential of New York's high achievers, but is a disservice to all
New Yorkers. This does not need to be a zero-sum game.

Ultimately, encouraging schools to provide challenging programs for
gifted and talented students raises the bar for all. Advancing high
quality instruction under accomplished teachers should always be a
priority.

In order to promote the continued development of exceptionally intelli-
gent children, this bill encourages greater awareness of gifted students
and supplies funds to assist schools in offering such services.

LEGISLATIVE HISTORY: 2011-12: A.5506/S.1272 2009-10: A.6989-8/S.6287-A
2007-08: A. 1502-B 2006:A. 10971

FISCAL IMPACT ON THE STATE: This measure provides one million dollars
($1,000,000), or so much thereof as may be necessary, for payment of aid
to training services for teachers Providing instruction to gifted and
talented students.

EFFECTIVE DATE: This bill will take effect on the one hundred twentieth
day following the date on which it shall have become law; provided, 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 are authorized and directed to be made that the amendments to
section 2308 of the education law made by section three of this act
shall not affect the expiration of such section and shall be deemed to
expire therewith.

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

    S. 1874                                                  A. 1524

                       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 Finance

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

AN ACT to amend the education law, in relation to  teacher  training  in
  programs for gifted students; to repeal certain provisions of such law
  relating thereto; and making an appropriation therefor

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

  Section 1. Section 3004 of the education law is amended  by  adding  a
new subdivision 7 to read as follows:
  7.  THE  COMMISSIONER  SHALL  PRESCRIBE REGULATIONS REQUIRING THAT ALL
PERSONS APPLYING ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION  FOR
A CERTIFICATE OR LICENSE VALID FOR SERVICE AS A CLASSROOM TEACHER, PUPIL
PERSONNEL  SERVICE  PROFESSIONAL,  SCHOOL ADMINISTRATOR OR SUPERVISOR OR
SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO ALL THE  OTHER  CERTIF-
ICATION  OR LICENSING REQUIREMENTS, HAVE COMPLETED THREE CREDITS OR MORE
OF COURSE WORK OR TRAINING IN THE IDENTIFICATION AND EDUCATION OF GIFTED
AND TALENTED PUPILS INCLUDING  TWICE-EXCEPTIONAL  PUPILS.  "TWICE-EXCEP-
TIONAL"  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  ABILI-
TY,  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 DISORDERS, PHYSICAL DISABILITIES, AUTISM  SPECTRUM,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04500-01-3

S. 1874                             2                            A. 1524

OR OTHER HEALTH IMPAIRMENTS, SUCH AS ADHD. SUCH TERM SHALL INCLUDE THOSE
PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMAL-
LY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL
POTENTIAL.    SUCH  CREDIT  WORK  OR  TRAINING SHALL BE OBTAINED FROM AN
INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED  BY  THE  DEPARTMENT  TO
PROVIDE  SUCH  COURSE  WORK  OR  TRAINING.  SUCH  REGULATIONS SHALL ALSO
REQUIRE THAT SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES  INCLUDE  TRAINING FOR TEACHERS AND OTHER CERTIFIED OR LICENSED
EMPLOYEES IN IDENTIFYING GIFTED AND  TALENTED,  INCLUDING  TWICE  EXCEP-
TIONAL, STUDENTS IN THEIR REQUIRED PROFESSIONAL DEVELOPMENT PLANS.
  S  2. Subdivision 2-b of section 3204 of the education law is REPEALED
and a new subdivision 2-b is added to read as follows:
  2-B. INSTRUCTION OF POSSIBLY GIFTED PUPILS. A. THE GOVERNING BOARD  OF
ANY SCHOOL DISTRICT AND ANY COMMUNITY SCHOOL DISTRICT IS HEREBY DIRECTED
TO  PROVIDE  EVERY  PUPIL  WHO  IS  DIAGNOSED  AS "POSSIBLY GIFTED" WITH
INSTRUCTION FROM A TEACHER WHO HAS HAD APPROPRIATE TRAINING IN EDUCATING
GIFTED PUPILS.
  B. ALL SCHOOL DISTRICTS SHALL PROVIDE ACCELERATION  OPPORTUNITIES  FOR
PUPILS IN GRADES ONE, THREE, FIVE AND EIGHT FOR PLACEMENT IN ACCELERATED
COURSES IN THE BASIC BRANCHES OF STUDY.
  S 3. Paragraph d of subdivision 5 of section 3208 of the education law
is REPEALED and a new paragraph d is added to read as follows:
  D.  IF  SUCH SCREENING INDICATES A POSSIBLY GIFTED CHILD, THE NAME AND
FINDING SHALL BE REPORTED TO  THE  SUPERINTENDENT  OF  SCHOOLS  OF  SUCH
DISTRICT  AND TO THE PARENT OR GUARDIAN OF SUCH CHILD. SUCH NOTIFICATION
SHALL ENTITLE THE CHILD TO INSTRUCTION FROM A TEACHER WHO HAS HAD APPRO-
PRIATE TRAINING IN EDUCATING  GIFTED  PUPILS,  OR  ALTERNATIVE  SERVICES
MUTUALLY AGREEABLE TO THE SCHOOL DISTRICT AND PARENT OR GUARDIAN OF SUCH
CHILD.
  S  4.  The sum of one million dollars ($1,000,000), or so much thereof
as may be necessary, is hereby appropriated to the department of  educa-
tion  out of any moneys in the state treasury in the general fund to the
credit of the state purposes fund, not otherwise appropriated, and  made
immediately  available,  for  the sole purpose of providing training for
teachers in providing education to possibly gifted, including  twice-ex-
ceptional  pupils in the public elementary schools. Such moneys shall be
payable on the audit and warrant of the comptroller on  vouchers  certi-
fied  or  approved  by  the  commissioner  of  education  in  the manner
prescribed by law.
  S 5. This act shall take effect on the one hundred twentieth day  next
succeeding  the date on which it shall have become a law; provided, 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 are authorized and directed to be made  and  completed  on  or
before  such  effective  date  provided, however, that the amendments to
section 3208 of the education law made by  section  three  of  this  act
shall  not  affect the expiration of such section and shall be deemed to
expire therewith.

Co-Sponsors

S1874A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1524A
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Amd §3004, rpld & add §3204 sub 2-b, §3208 sub 5 ¶d, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1272, A5506
2009-2010: S6287A, A6989B

S1874A (ACTIVE) - Bill Texts

view summary

Directs that teachers be trained in the education of gifted students, and provides start-up funding for such training; authorizes necessary rule and/or regulation changes to properly implement the provisions of this legislation; appropriates $1,000,000 therefor.

view sponsor memo
BILL NUMBER:S1874A REVISED MEMO 05/08/2013

TITLE OF BILL: An act to amend the education law, in relation to
teacher training in programs for gifted students; to repeal certain
provisions of such law relating thereto; and making an appropriation
therefor

PURPOSE OR GENERAL IDEA OF BILL:

Directs that teachers be trained in the education of gifted students,
and are appropriated for start-up funding in regards to said training.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends education law by adding § 3004(7) to require, as
part of licensure and certification for teachers and certain
educational professionals, three credits of course work or training in
the education of gifted and talented, including twice-exceptional
students, as well as the inclusion of practices to identify gifted
children in required professional development plans.

Section 2. Repeals § 3204(2-b) of education law to and adds a new
3204(2-b) to require school districts to direct the governing board of
any school district and any community school district to provide every
pupil who is diagnosed as "possibly gifted" with instruction from a
teacher who has had appropriate training in educating gifted pupils
gifted students with instruction under a teacher with appropriate
training in educating gifted pupils. This section also requires school
districts to provide acceleration opportunities for pupils in basic
branches of study.

Section 3. Repeals § 3208 (d) of the education law and adds a new
3208 (d) to require that if diagnostic screening indicates a possibly
gifted child, the name and finding shall be reported to the
superintendent of schools of such district and to such child's parents
or guardian. Such notification shall entitle the child to Gifted
Individualized Education Programs (GIEPs) developed by certified
gifted and talented learning specialists and other services.

Section 4. Appropriates one million dollars ($1,000,000) to fund
teacher training in instruction of gifted pupils.

JUSTIFICATION:

It is imperative for our education system to be able to meet the needs
of its brightest students, so that New York can continue to produce
and retain talented leaders. In a time of serious anxiety over whether
or not New York's education system is preparing our youth to succeed
in an increasingly competitive global economy, it is ironic that
current state law abandons this state's most promising citizens.

Currently, New York State Education Law does not require schools to
provide any services to gifted and talented students. Given this and
the lack of funding for gifted and talented programs, many schools are
simply ignoring their most gifted students. Gifted and Talented Aid is
provided through "Comprehensive Operating Aid", allowing schools to
cut gifted and talented programs and apply the funds elsewhere. The


"No Child Left Behind Act" has focused national attention on how
schools can better educate their lower achieving students. with this,
school officials feel obligated to; prioritize programs that address
the needs of their most disadvantaged students.

Funds are distributed to academic intervention services, English as a
second language programs, and special education at the expense of
gifted education. While the need to pour resources into these programs
is undeniably great, to neglect gifted and talented students riot
only-stifles the potential of New York's high-achievers, but is a
disservice to all New Yorkers. This does not need to be a zero-sum
game.

Ultimately, encouraging schools to provide challenging programs for
gifted and talented students raises the bar for all. Advancing high
quality instruction under accomplished teachers should always be a
priority. In order to promote the continued development of
exceptionally intelligent children, this bill encourages greater
awareness of gifted and talented students, requires schools to provide
instruction for gifted students and supplies funds to assist schools
in offering such services.

LEGISLATIVE HISTORY:

2011-12: S. 1272 - Referred to Finance.

FISCAL IMPLICATIONS:

This measure provides one million dollars ($1,000,000), or so much
thereof as may be necessary, for payment of aid to training services
for teachers providing instruction to gifted and talented students.

EFFECTIVE DATE:

This bill will take effect on the one hundred twentieth day following
the date on which it shall have become law, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1874--A                                            A. 1524--A

                       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 Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE, AUBRY, JAFFEE, MAISEL --
  Multi-Sponsored by -- M. of A.  MAGNARELLI, McDONOUGH, SWEENEY -- read
  once  and  referred  to  the  Committee  on  Education  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the education law, in relation to teacher training in
  programs for gifted students; to repeal certain provisions of such law
  relating thereto; and making an appropriation therefor

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

  Section  1.  Section  3004 of the education law is amended by adding a
new subdivision 7 to read as follows:
  7. THE COMMISSIONER SHALL PRESCRIBE  REGULATIONS  REQUIRING  THAT  ALL
PERSONS  APPLYING ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION FOR
A CERTIFICATE OR LICENSE VALID FOR SERVICE AS A CLASSROOM TEACHER, PUPIL
PERSONNEL SERVICE PROFESSIONAL, SCHOOL ADMINISTRATOR  OR  SUPERVISOR  OR
SUPERINTENDENT  OF  SCHOOLS, SHALL, IN ADDITION TO ALL THE OTHER CERTIF-
ICATION OR LICENSING REQUIREMENTS, HAVE COMPLETED THREE CREDITS OR  MORE
OF COURSE WORK OR TRAINING IN THE IDENTIFICATION AND EDUCATION OF GIFTED
AND  TALENTED  PUPILS  INCLUDING TWICE-EXCEPTIONAL PUPILS. "TWICE-EXCEP-
TIONAL" 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 ABILI-
TY, CREATIVITY, LEADERSHIP, AND/OR VISUAL, SPATIAL OR  PERFORMING  ARTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04500-02-3

S. 1874--A                          2                         A. 1524--A

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  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 NORMAL-
LY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL
POTENTIAL.   SUCH CREDIT WORK OR TRAINING  SHALL  BE  OBTAINED  FROM  AN
INSTITUTION  OR  PROVIDER  WHICH  HAS BEEN APPROVED BY THE DEPARTMENT TO
PROVIDE SUCH COURSE  WORK  OR  TRAINING.  SUCH  REGULATIONS  SHALL  ALSO
REQUIRE  THAT  SCHOOL  DISTRICTS  AND  BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES INCLUDE TRAINING FOR TEACHERS AND OTHER CERTIFIED  OR  LICENSED
EMPLOYEES  IN  IDENTIFYING  GIFTED  AND TALENTED, INCLUDING TWICE EXCEP-
TIONAL, STUDENTS IN THEIR REQUIRED PROFESSIONAL DEVELOPMENT PLANS.
  S 2. Subdivision 2-b of section 3204 of the education law is  REPEALED
and a new subdivision 2-b is added to read as follows:
  2-B.  INSTRUCTION OF POSSIBLY GIFTED PUPILS. A. THE GOVERNING BOARD OF
ANY SCHOOL DISTRICT AND ANY COMMUNITY SCHOOL DISTRICT IS HEREBY DIRECTED
TO PROVIDE EVERY PUPIL  WHO  IS  DIAGNOSED  AS  "POSSIBLY  GIFTED"  WITH
INSTRUCTION FROM A TEACHER WHO HAS HAD APPROPRIATE TRAINING IN EDUCATING
GIFTED PUPILS.
  B.  ALL  SCHOOL DISTRICTS SHALL PROVIDE ACCELERATION OPPORTUNITIES FOR
PUPILS IN THE BASIC BRANCHES OF STUDY.
  S 3. Paragraph d of subdivision 5 of section 3208 of the education law
is REPEALED and a new paragraph d is added to read as follows:
  D. IF SUCH SCREENING INDICATES A POSSIBLY GIFTED CHILD, THE  NAME  AND
FINDING  SHALL  BE  REPORTED  TO  THE  SUPERINTENDENT OF SCHOOLS OF SUCH
DISTRICT AND TO THE PARENT OR GUARDIAN OF SUCH CHILD. SUCH  NOTIFICATION
SHALL  ENTITLE  THE  CHILD TO GIFTED IEPS (GIEPS) DEVELOPED BY CERTIFIED
GIFTED AND TALENTED LEARNING SPECIALISTS, AND TO OTHER SERVICES  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  DIFFERENTIATED  INSTRUCTION, CONTACT TIME,
SOCIAL  AND  EMOTIONAL  SUPPORT,  ACADEMIC  GUIDANCE   AND   COUNSELING,
CONTENT-BASED  ACCELERATION,  AND INSTRUCTION FROM A TEACHER WHO HAS HAD
APPROPRIATE TRAINING IN EDUCATING GIFTED PUPILS, OR ALTERNATIVE SERVICES
MUTUALLY AGREEABLE TO THE SCHOOL DISTRICT AND PARENT OR GUARDIAN OF SUCH
CHILD.
  S 4. The sum of one million dollars ($1,000,000), or so  much  thereof
as  may be necessary, is hereby appropriated to the department of educa-
tion out of any moneys in the state treasury in the general fund to  the
credit  of the state purposes fund, not otherwise appropriated, and made
immediately available, for the sole purpose of  providing  training  for
teachers  in providing education to possibly gifted, including twice-ex-
ceptional pupils in the public elementary schools. Such moneys shall  be
payable  on  the audit and warrant of the comptroller on vouchers certi-
fied or  approved  by  the  commissioner  of  education  in  the  manner
prescribed by law.
  S  5. This act shall take effect on the one hundred twentieth day next
succeeding the date on which it shall have become a law; provided,  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  are  authorized  and directed to be made and completed on or
before such effective date; and provided, however, that  the  amendments
to  section  3208 of the education law made by section three of this act
shall not affect the expiration of such section and shall be  deemed  to
expire therewith.

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