senate Bill S3389A

2013-2014 Legislative Session

Requires school districts to establish programs for gifted and twice-exceptional pupils

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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 education
May 14, 2013 print number 3389a
amend (t) and recommit to education
Feb 01, 2013 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S3389 - Bill Details

See Assembly Version of this Bill:
A4745A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §4454, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3301, A3281
2009-2010: A10970

S3389 - Bill Texts

view summary

Requires that school districts establish a gifted and talented program for gifted and twice-exceptional pupils; establishes guidelines as to the development of such programs and the identification of gifted and twice-exceptional pupils.

view sponsor memo
BILL NUMBER:S3389

TITLE OF BILL: An act to amend the education law, in relation to
requiring school districts to establish programs for gifted pupils

PURPOSE: The purpose of this legislation is to add a gifted program
into every school district in the state.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: A new section 4454 is added to the education law.

Section 2: Effective date.

JUSTIFICATION: This legislation would require every school district in
the State to establish a gifted and talented program for pupils who meet
the criteria established in the Education Law. Also required of school
districts is the establishment of an ongoing identification process for
gifted students starting in kindergarten and continuing until the
twelfth grade.

New York State is one of only eight states that fail to mandate Gifted
Education and for providence of dedicated funding for Gifted Education.
Currently, there is an inequity of sufficient appropriate educational
opportunities for gifted students across the state: Some urban and weal-
thy suburban districts provide sufficient appropriate education to gift-
ed students; many rural and urban districts fail to provide these oppor-
tunities.

By offering gifted and talented students an appropriate education, New
York State makes itself more attractive for new high technology indus-
tries looking for a highly educated work force.

LEGISLATIVE HISTORY: 2011: S.3301 Referred to Education Committee 2012:
S.3301 Referred to Education Committee

FISCAL IMPLICATIONS: While some school districts in the state currently
have a gifted and talented program, there are many who do not. The
fiscal implications are yet to be determined.

EFFECTIVE DATE: This act shall take effect on the first of July next
succeeding the date on which it shall have become a law.

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

                                  3389

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

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

AN ACT to amend the education  law,  in  relation  to  requiring  school
  districts to establish programs for gifted pupils

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

  Section 1. The education law is amended by adding a new  section  4454
to read as follows:
  S  4454. GIFTED AND TALENTED PROGRAM.  1. EACH SCHOOL DISTRICT IN THIS
STATE SHALL ESTABLISH A DISTRICT-WIDE GIFTED AND  TALENTED  PROGRAM  FOR
PUPILS  WHO  MEET THE CRITERIA ESTABLISHED IN SUBDIVISION ONE OF SECTION
FORTY-FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE, AND SHALL  BE  RESPONSIBLE
FOR ENSURING THAT APPROPRIATE INSTRUCTIONAL ADAPTATIONS ARE DESIGNED AND
DELIVERED FOR SUCH PUPILS.
  2.  EACH  SCHOOL  DISTRICT  SHALL  ESTABLISH AN ONGOING IDENTIFICATION
PROCESS FOR GIFTED PUPILS INITIATED IN KINDERGARTEN AND REVIEWED ANNUAL-
LY THROUGH GRADE TWELVE. THE SCHOOL DISTRICT SHALL ENSURE THAT THE IDEN-
TIFICATION METHODOLOGY USED IS DEVELOPMENTALLY APPROPRIATE,  NON-DISCRI-
MINATORY, AND RELATED TO THE PROGRAMS AND SERVICES OFFERED.
  3.  THE  DEPARTMENT SHALL PROVIDE EACH SCHOOL DISTRICT WITH CURRICULUM
FRAMEWORKS WHICH SHALL SUGGEST A VARIETY OF  ACTIVITIES  AND  STRATEGIES
THAT MAY ASSIST IN THE DEVELOPMENT OF LOCAL CURRICULA FOR GIFTED PUPILS.
SUCH  FRAMEWORKS  SHALL ADDRESS ADAPTATIONS THAT ARE EDUCATIONALLY CHAL-
LENGING FOR GIFTED PUPILS IN CORE SUBJECT AREAS  AS  IDENTIFIED  BY  THE
DEPARTMENT.
  4.  IN  ADDITION,  THE  SCHOOL  BOARDS  OF  EACH SCHOOL DISTRICT SHALL
ENCOURAGE THE ACTIVE INVOLVEMENT OF REPRESENTATIVES FROM THE  COMMUNITY,
BUSINESS,  INDUSTRY,  LABOR,  AND HIGHER EDUCATION IN THE DEVELOPMENT OF
THE GIFTED AND TALENTED PROGRAM.
  S 2. This act shall take effect on the first of July  next  succeeding
the  date  on  which it shall have become a law; provided, however, that
the commissioner of education is authorized to promulgate any rules  and
regulations necessary for the effective implementation of this act on or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08262-01-3

Co-Sponsors

S3389A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4745A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §4454, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3301, A3281
2009-2010: A10970

S3389A (ACTIVE) - Bill Texts

view summary

Requires that school districts establish a gifted and talented program for gifted and twice-exceptional pupils; establishes guidelines as to the development of such programs and the identification of gifted and twice-exceptional pupils.

view sponsor memo
BILL NUMBER:S3389A

TITLE OF BILL: An act to amend the education law, in relation to
requiring school districts to establish programs for gifted and
twice-exceptional pupils

PURPOSE:

The purpose of this legislation, is to add a gifted program into every
school district in the state.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: A new section 4454 is added to the education law.
Section 2: Effective date.

JUSTIFICATION:

This legislation would require every school district in the State to
establish a gifted and talented program for pupils who meet the
criteria established in the Education Law. Also required of school
districts is the establishment of an ongoing identification process
for gifted students starting in kindergarten and continuing until the
twelfth grade.

New York State is one of only eight states that fail to mandate Gifted
Education and for providence of dedicated funding for Gifted
Education. Currently, there is an inequity of sufficient appropriate
educational opportunities for gifted students across the state: Some
urban and wealthy suburban districts provide sufficient appropriate
education to gifted and twice exceptional students; many rural and
urban districts fail to provide these opportunities.

By offering gifted and talented students an appropriate education, New
York State makes itself more attractive for new high technology
industries looking for a highly educated work force.

LEGISLATIVE HISTORY:

2011- 2012 - S.3301 Referred to Education
2011-2012: A.3281 - Referred to Education.

FISCAL IMPLICATIONS:

While some school districts in the state currently have a gifted and
talented program, there are many who do not. The fiscal implications
are yet to be determined.

EFFECTIVE DATE:

This act shall take effect on the first of July next succeeding the
date on which it shall have become a law.

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

                                 3389--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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

AN  ACT  to  amend  the  education  law, in relation to requiring school
  districts to  establish  programs  for  gifted  and  twice-exceptional
  pupils

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

  Section 1. The education law is amended by adding a new  section  4454
to read as follows:
  S  4454. GIFTED AND TALENTED PROGRAM.  1. EACH SCHOOL DISTRICT IN THIS
STATE SHALL ESTABLISH A DISTRICT-WIDE GIFTED AND  TALENTED  PROGRAM  FOR
PUPILS  WHO  MEET THE CRITERIA ESTABLISHED IN SUBDIVISION ONE OF SECTION
FORTY-FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE, AND SHALL  BE  RESPONSIBLE
FOR  ENSURING  THAT APPROPRIATE INSTRUCTIONAL ADAPTATIONS INCLUDING, BUT
NOT LIMITED TO GIFTED IEPS (GIEPS) DEVELOPED  BY  CERTIFIED  GIFTED  AND
TALENTED LEARNING SPECIALISTS, DIFFERENTIATED INSTRUCTION, CONTACT TIME,
SOCIAL  AND  EMOTIONAL  SUPPORT,  ACADEMIC  GUIDANCE AND COUNSELING, AND
CONTENT-BASED ACCELERATION, ARE DESIGNED AND DELIVERED FOR SUCH PUPILS.
  2. EACH SCHOOL DISTRICT  SHALL  ESTABLISH  AN  ONGOING  IDENTIFICATION
PROCESS FOR GIFTED PUPILS, INCLUDING TWICE-EXCEPTIONAL PUPILS, INITIATED
IN  PRE-KINDERGARTEN  AND  REVIEWED  ANNUALLY  THROUGH GRADE TWELVE. THE
SCHOOL DISTRICT SHALL ENSURE THAT THE IDENTIFICATION METHODOLOGY EMPLOYS
MULTIFACETED CRITERIA  CONSISTENT  WITH  RECOMMENDED  PRACTICES  IN  THE
FIELD,  AND  IS  DEVELOPMENTALLY  APPROPRIATE,  NON-DISCRIMINATORY,  AND
RELATED TO THE PROGRAMS AND SERVICES OFFERED.
  3. THE DEPARTMENT SHALL PROVIDE EACH SCHOOL DISTRICT  WITH  CURRICULUM
FRAMEWORKS  WHICH  SHALL  SUGGEST A VARIETY OF ACTIVITIES AND STRATEGIES
THAT MAY ASSIST IN THE DEVELOPMENT OF LOCAL  CURRICULA  FOR  GIFTED  AND
TWICE-EXCEPTIONAL  PUPILS.    SUCH  FRAMEWORKS SHALL ADDRESS ADAPTATIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08262-04-3

S. 3389--A                          2

THAT ARE EDUCATIONALLY  CHALLENGING  FOR  GIFTED  AND  TWICE-EXCEPTIONAL
PUPILS IN CORE SUBJECT AREAS AS IDENTIFIED BY THE DEPARTMENT.
  4.  IN  ADDITION,  THE  SCHOOL  BOARDS  OF  EACH SCHOOL DISTRICT SHALL
PROVIDE PROFESSIONAL DEVELOPMENT AND PROGRAM EVALUATION,  DIFFERENTIATED
INSTRUCTION,  CONTACT TIME, SOCIAL AND EMOTIONAL SUPPORT, ACADEMIC GUID-
ANCE AND COUNSELING, AND CONTENT-BASED ACCELERATION, AND  ENCOURAGE  THE
ACTIVE  INVOLVEMENT  OF  REPRESENTATIVES  FROM  THE COMMUNITY, BUSINESS,
INDUSTRY, LABOR, AND HIGHER EDUCATION IN THE DEVELOPMENT OF  THE  GIFTED
AND TALENTED PROGRAM.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law;  provided,  however,  that
the  commissioner of education is authorized to promulgate any rules and
regulations necessary for the effective implementation of this act on or
before such date.

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