senate Bill S1875B

2013-2014 Legislative Session

Relates to gifted and talented pupils with special needs; repealer

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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 23, 2014 print number 1875b
amend and recommit to education
Jan 08, 2014 referred to education
May 03, 2013 print number 1875a
amend and recommit to education
Jan 09, 2013 referred to education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S1875 - Bill Details

See Assembly Version of this Bill:
A1522B
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§3602-c, 4451 & 4452, rpld §4452 sub 1 ¶¶c, d, e & f, rpld & add §4453, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1273, A5507
2009-2010: S6216A, A9209A

S1875 - Bill Texts

view summary

Relates to gifted and talented pupils with special needs.

view 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of the Education law are repealed and new paragraphs are added.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.

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                    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.

Co-Sponsors

S1875A - Bill Details

See Assembly Version of this Bill:
A1522B
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§3602-c, 4451 & 4452, rpld §4452 sub 1 ¶¶c, d, e & f, rpld & add §4453, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1273, A5507
2009-2010: S6216A, A9209A

S1875A - Bill Texts

view summary

Relates to gifted and talented pupils with special needs.

view sponsor memo
BILL NUMBER:S1875A REVISED MEMO 05/09/13

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 underserved 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). Repeals paragraphs c, d, e and f of subdivision 1
of Section 4452 of the Education Law and new paragraphs c, d, e, f and
g are added. Repeals Section 4453 of the Education Law and a new
Section 4453 is added.

EXISTING LAW:

Dictates educational programs and/or services are available 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
Childhood, 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 performance, but who also have a disability that affects some
aspect of learning" - 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 exceptionality 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 reasoning, 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 - Referred to Education.

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 1,2014; 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 full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1875--A                                            A. 1522--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 Sens. ADDABBO, ESPAILLAT -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04499-03-3

S. 1875--A                          2                         A. 1522--A

  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:
  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, WHO ARE COMMONLY REFERRED TO AS
TWICE-EXCEPTIONAL STUDENTS, 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,  WHO  ARE  COMMONLY  REFERRED  TO  AS  TWICE-EXCEPTIONAL
STUDENTS;
  2. provide technical assistance and [inservice] IN-SERVICE  education,
PROFESSIONAL  DEVELOPMENT AND PROGRAM EVALUATION for teachers and admin-
istrators;
  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, WHO ARE COMMONLY  REFERRED
TO AS TWICE-EXCEPTIONAL STUDENTS.
  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:

S. 1875--A                          3                         A. 1522--A

  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.
  (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, GIFTED IEPS (GIEPS) DEVELOPED BY CERTIFIED
GIFTED  AND TALENTED LEARNING SPECIALISTS, COUNSELING, PLANNING, IN-SER-
VICE 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 COMMISSION-
ER 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.

S. 1875--A                          4                         A. 1522--A

  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-
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, 2014; 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.

Co-Sponsors

S1875B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1522B
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§3602-c, 4451 & 4452, rpld §4452 sub 1 ¶¶c, d, e & f, rpld & add §4453, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1273, A5507
2009-2010: S6216A, A9209A

S1875B (ACTIVE) - Bill Texts

view summary

Relates to gifted and talented pupils with special needs.

view sponsor memo
BILL NUMBER:S1875B

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 underserved 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). Repeals paragraphs c, d, e and f of subdivision 1
of Section 4452 of the Education Law and new paragraphs c, d, e, f and
g are added. Repeals Section 4453 of the Education Law and a new
Section 4453 is added.

EXISTING LAW:

Dictates educational programs and/or services are available 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
Childhood, 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 performance, but who also have a disability that affects some
aspect of learning" - 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 exceptionality 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 reasoning, 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, 2015; 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.

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

    S. 1875--B                                            A. 1522--B

                       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 Sens. ADDABBO, ESPAILLAT, SAMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Education -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, JAFFEE, MILLER  --  Multi-
  Sponsored  by  --  M.  of  A.  MAGNARELLI,  McDONOUGH -- read once and
  referred to the Committee on Education -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Education  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04499-04-4

S. 1875--B                          2                         A. 1522--B

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:
  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, WHO ARE COMMONLY  REFERRED  TO  AS
TWICE-EXCEPTIONAL STUDENTS, 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,  WHO  ARE  COMMONLY  REFERRED  TO  AS  TWICE-EXCEPTIONAL
STUDENTS;
  2.  provide technical assistance and [inservice] IN-SERVICE education,
PROFESSIONAL DEVELOPMENT AND PROGRAM EVALUATION for teachers and  admin-
istrators;
  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, WHO ARE COMMONLY REFERRED
TO AS TWICE-EXCEPTIONAL STUDENTS.
  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-

S. 1875--B                          3                         A. 1522--B

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.
  (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, GIFTED IEPS (GIEPS) DEVELOPED BY CERTIFIED
GIFTED AND TALENTED LEARNING SPECIALISTS, COUNSELING, PLANNING,  IN-SER-
VICE 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 COMMISSION-
ER 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

S. 1875--B                          4                         A. 1522--B

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-
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, 2015; 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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