S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1675--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. ADDABBO, BORRELLO, HOYLMAN-SIGAL, LANZA, STAVISKY --
   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 gifted and bright
   neurologically diverse  pupils  with  special  needs;  and  to  repeal
   certain provisions of such law relating 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.  (A)  "BRIGHT  NEUROLOGICALLY  DIVERSE", ALSO REFERRED TO AS "TWICE
 EXCEPTIONAL" SHALL MEAN THOSE PUPILS WHO:
   (I) GIVE EVIDENCE OF A POTENTIAL FOR HIGH COGNITIVE  PROCESSING  CAPA-
 BILITIES  IN  AREAS  SUCH  AS,  BUT  NOT LIMITED TO, SPECIFIC ACADEMICS,
 GENERAL INTELLECTUAL ABILITY,  CREATIVITY,  LEADERSHIP,  AND/OR  VISUAL,
 SPATIAL  OR  PERFORMING  ARTS,  YET  POSSESS  SUBSTANTIAL  DISCREPANCIES
 BETWEEN THEIR NEUROCOGNITIVE AND PSYCHODYNAMIC FOUNDATIONS  AND  FOUNDA-
 TIONS  REQUIRED  FOR  COMFORTABLE  INTEGRATION WITH COMMON INSTRUCTIONAL
 SETTINGS AND DEMANDS MAKING PSYCHOLOGICAL WELLNESS AND SCHOOLING SUCCESS
 IN EQUAL MEASURE DIFFICULT AT BEST AND EXTREMELY PROBLEMATIC AT WORST;
   (II) DEMONSTRATE A DOGGED  SELF-DETERMINATION  WITH  STRONG  INTRINSIC
 DRAWS  TOWARD  AND  SUPERIOR INTERNALIZATION OF KNOWLEDGE FOR WHICH THEY
 HAVE AN AFFINITY, WHOSE KNOWLEDGE  ENGAGEMENT  IS  MORE  CONSUMED  IN  A
 LENGTHY,  SINGLE  MINDED  CONCENTRATION THAN IN A BROADER GENERAL STUDY,
 WHOSE PROGRESS IS AT THEIR INDIVIDUAL PACE RATHER THAN IN LOCK-STEP WITH
 CLASSMATES OR ACCORDING TO CURRICULUM, SYLLABUS, CLASS PERIOD OR TEACHER
 TIMELINES AND WHOSE INDIVIDUAL  ACHIEVEMENT  IS  TO  IMMEDIATE  PERSONAL
 SATISFACTION  REGARDLESS  OF ADMINISTRATOR, TEACHER OR PARENT INSISTENCE
 OTHERWISE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04178-02-3
 S. 1675--A                          2
              

 
   (III) EXHIBIT ENVIRONMENTAL SENSITIVITIES, INCLUDING BUT  NOT  LIMITED
 TO LIGHT, SOUND AND THE FEEL OF FABRIC ON SKIN;
   (IV)  EVIDENCE  EMOTIONAL  SENSITIVITY  SIMULTANEOUSLY,  BEING  DEEPLY
 EMPATHETIC, EFFORTLESSLY DISCOMFORTED AND EASILY HURT,  HOLDING  A  DEEP
 NEED FOR THE AFFIRMATIVE COMPANIONSHIP OF OTHERS, HOWEVER, AT TIMES, WHO
 SEEK TO BE AND TO WORK BY THEMSELVES; OR
   (V)  MANIFEST  ACUTE  FRUSTRATION,  ANXIETY  AND  ANGER  WHEN POWERFUL
 INSTINCTS TO ACHIEVE FAIL DUE TO  DEVELOPMENTAL  STAGES  HAVING  YET  TO
 BECOME  READY  OR  WHEN WORK APPEARS BELOW PERSONAL EXPECTATIONS OR WHEN
 NEUROCOGNITIVE FUNCTIONING OR PSYCHODYNAMIC DISPOSITIONS THROW UP BARRI-
 ERS OR WHEN DEMANDED THEY WORK,  COUNTER  TO  THEIR  STRONG,  PARTICULAR
 NEUROCOGNITIVE FUNCTIONING.
   (B) PUPILS MAY HAVE A DIAGNOSIS OF A DISABLING CONDITION 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, WHILE SOME PUPILS MAY NOT  BE
 DIAGNOSED BUT HAVE A DISABLING CONDITION, AND SOME PUPILS MAY PRESENT AS
 ATYPICAL  BUT HAVE NO DISABLING CONDITION. SUCH TERM SHALL INCLUDE THOSE
 PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND AND DIFFERING
 FROM THOSE NORMALLY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN  ORDER  TO
 REALIZE THEIR FULL POTENTIAL.
   §  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,
 BRIGHT NEUROLOGICALLY DIVERSE 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.
   § 3. Section 4451 of the education law, as added by chapter 740 of the
 laws of 1982, is amended to read as follows:
   § 4451. Powers of the department with respect  to  gifted  AND  BRIGHT
 NEUROLOGICALLY  DIVERSE pupils.   [Subject to the availability of funds,
 the]  THE  state  education  department  is  hereby  authorized   [and],
 empowered  AND  DIRECTED  to assist districts in meeting the educational
 AND MENTAL HEALTH needs EQUALLY of [gifted] BOTH GENERAL  EDUCATION  AND
 BRIGHT NEUROLOGICALLY DIVERSE 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 GENERAL EDUCATION, gifted [pupils],
 AND BRIGHT NEUROLOGICALLY DIVERSE PUPILS;
   2. provide technical assistance and [inservice] IN-SERVICE  education,
 PROFESSIONAL  DEVELOPMENT AND PROGRAM EVALUATION for teachers and admin-
 istrators EQUALLY OF GIFTED AND BRIGHT NEUROLOGICALLY DIVERSE PUPILS;
   3. maintain a record of  programs  available,  and  make  this  record
 available for public inspection;
   4. develop, maintain, and distribute a handbook EQUALLY for parents of
 gifted [pupils] AND BRIGHT NEUROLOGICALLY DIVERSE PUPILS;
   5.  CONSTRUCT  LEARNING  ENVIRONMENTS  AND RELATIONAL SYSTEMS WITHIN A
 SCHOOL SETTING TO SATISFY THE PSYCHOLOGICAL NEEDS OF RELATEDNESS, AUTON-
 OMY AND COMPETENCE IN PUPILS AND STAFF;
   6. CULTIVATE AS BALANCED A DEVELOPING PSYCHODYNAMIC IN EACH  PUPIL  AS
 POSSIBLE, GIVEN FAMILY, ECONOMIC AND CULTURAL IMPACTS ON INDIVIDUALS;
 S. 1675--A                          3
 
   7.  REDUCE  BARRIERS  TO PUPIL AUTONOMOUS SELF-REGULATION, SELF-AWARE-
 NESS, SELF-DIRECTION, SELF-ADVOCACY AND SELF-ACTUALIZATION IN THE  RANGE
 OF  NEUROCOGNITIVE  AND BEHAVIORAL ISSUES EXHIBITED THROUGH EACH PUPIL'S
 PARTICULAR EXPRESSIONS OF FUNCTIONING;
   8.  ASSIST  DISTRICTS  IN  AIDING  ALL PERSONNEL DIRECTLY WORKING WITH
 GIFTED AND, ESPECIALLY, BRIGHT NEUROLOGICALLY DIVERSE PUPIL  POPULATIONS
 TOWARD  DEVELOPING  INDIVIDUAL BALANCED PSYCHODYNAMIC AND NEUROCOGNITIVE
 READINESS TO BEST SERVE THE  MENTAL  HEALTH  AND  EDUCATIONAL  NEEDS  OF
 PUPILS IN THEIR CARE;
   9.  GROW  INDIVIDUAL  PUPIL  AND STAFF INSIGHT INTO THE WAY PUPILS AND
 EDUCATORS MOVE THROUGH THE WORLD;
   10. ASSIST EQUALLY  BOTH  GIFTED  AND  BRIGHT  NEUROLOGICALLY  DIVERSE
 PUPILS  TO  LEVERAGE  THEIR INDIVIDUAL INSIGHTS TO SUCCESSFULLY NAVIGATE
 THE WORLD AND MOVE THROUGH AND BEYOND THEIR SCHOOLING;
   11. ASSIST PUPILS AND STAFF TO GAIN  A  BALANCED  PERSPECTIVE  OF  THE
 PARTICULAR  EXPRESSIONS  OF  AN  INDIVIDUAL PUPIL'S NEURO PSYCHODYNAMIC,
 WHICH WILL LEAD TO REALISTIC EXPECTATIONS WITH LEARNING  AND  INTER-PER-
 SONAL AND INTRA-PERSONAL BEHAVIORS;
   12. DEVELOP THE COMPLEX OF INDEPENDENT, INTERDEPENDENT AND NEGOTIATION
 BEHAVIORS IN PUPILS AND STAFF;
   13.  ASSIST WITH THE EXPOSURE OF PUPILS TO AS MUCH KNOWLEDGE AS POSSI-
 BLE WITHOUT THE CONSTANT EXTERNAL  INSISTENCE  THAT  PUPILS  DEMONSTRATE
 THAT  THEY  HAVE  SUFFICIENTLY INTERNALIZED THAT TO WHICH THEY HAVE BEEN
 EXPOSED BUT RATHER TO ALLOW THE INHERENT  NEURO  PSYCHODYNAMIC  AFFINITY
 RESONATING  WITH SPECIFIC KNOWLEDGE TO DRIVE ENGAGEMENT, ACQUISITION AND
 OUTCOME UNCOVERING, CULTIVATING AND  PURSUING  INTERESTS,  PASSIONS  AND
 POSSIBLE ADULT LIFE DIRECTIONS;
   14. INTEGRATE PUPILS AND STAFF INTO A SELF-GOVERNING LEARNING COMMUNI-
 TY EXERCISING THE PROCESSES OF DEMOCRATIC EDUCATION; AND
   15. ESTABLISH AND DEVELOP PROGRAMS AND SCHOOLS MEETING THE EDUCATIONAL
 AND  MENTAL HEALTH NEEDS OF BRIGHT NEUROLOGICALLY DIVERSE PUPILS EQUALLY
 WITH GIFTED PUPILS AND AS EQUALLY AS MEETING THE EDUCATIONAL AND  MENTAL
 HEALTH  NEEDS  OF  GENERAL EDUCATION PUPILS, BEGINNING WITH ESTABLISHING
 AND DEVELOPING DEMONSTRATION PROGRAMS AND SCHOOLS FOR BRIGHT  NEUROLOGI-
 CALLY  DIVERSE PUPILS FOR THE PURPOSES OF, BUT NOT LIMITED TO, THE CLAR-
 IFICATION OF CATEGORY TRAITS AND INDIVIDUAL EXPRESSIONS OF SAID  TRAITS,
 AND DEVELOPING BEST EDUCATIONAL, MENTAL HEALTH AND BEHAVIORAL PRACTICES.
   §  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.
   §  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. (A) AS USED IN THIS  ARTICLE,  THE  TERM  "BRIGHT  NEUROLOGICALLY
 DIVERSE",  ALSO  REFERRED  TO  AS  "TWICE EXCEPTIONAL", SHALL MEAN THOSE
 PUPILS WHO:  (I) GIVE EVIDENCE OF A POTENTIAL FOR HIGH  COGNITIVE  PROC-
 ESSING  CAPABILITIES  IN  AREAS  SUCH  AS,  BUT NOT LIMITED TO, SPECIFIC
 ACADEMICS, GENERAL INTELLECTUAL ABILITY, CREATIVITY, LEADERSHIP,  AND/OR
 VISUAL,  SPATIAL  OR PERFORMING ARTS, YET POSSESS SUBSTANTIAL DISCREPAN-
 CIES BETWEEN THEIR  NEUROCOGNITIVE  AND  PSYCHODYNAMIC  FOUNDATIONS  AND
 FOUNDATIONS  REQUIRED  FOR  COMFORTABLE INTEGRATION WITH COMMON INSTRUC-
 TIONAL SETTINGS AND DEMANDS MAKING PSYCHOLOGICAL WELLNESS AND  SCHOOLING
 S. 1675--A                          4
 
 SUCCESS  IN EQUAL MEASURE DIFFICULT AT BEST AND EXTREMELY PROBLEMATIC AT
 WORST;
   (II)  DEMONSTRATE  A  DOGGED  SELF-DETERMINATION WITH STRONG INTRINSIC
 DRAWS TOWARD AND SUPERIOR INTERNALIZATION OF KNOWLEDGE  FOR  WHICH  THEY
 HAVE  AN  AFFINITY,  WHOSE  KNOWLEDGE  ENGAGEMENT  IS MORE CONSUMED IN A
 LENGTHY, SINGLE MINDED CONCENTRATION THAN IN A  BROADER  GENERAL  STUDY,
 WHOSE PROGRESS IS AT THEIR INDIVIDUAL PACE RATHER THAN IN LOCK-STEP WITH
 CLASSMATES OR ACCORDING TO CURRICULUM, SYLLABUS, CLASS PERIOD OR TEACHER
 TIMELINES  AND  WHOSE  INDIVIDUAL  ACHIEVEMENT  IS TO IMMEDIATE PERSONAL
 SATISFACTION REGARDLESS OF ADMINISTRATOR, TEACHER OR  PARENT  INSISTENCE
 OTHERWISE;
   (III)  EXHIBIT  ENVIRONMENTAL SENSITIVITIES, INCLUDING BUT NOT LIMITED
 TO LIGHT, SOUND AND THE FEEL OF FABRIC ON SKIN;
   (IV)  EVIDENCE  EMOTIONAL  SENSITIVITY  SIMULTANEOUSLY,  BEING  DEEPLY
 EMPATHETIC,  EFFORTLESSLY  DISCOMFORTED  AND EASILY HURT, HOLDING A DEEP
 NEED FOR THE AFFIRMATIVE COMPANIONSHIP OF OTHERS, HOWEVER, AT TIMES, WHO
 SEEK TO BE AND TO WORK BY THEMSELVES; OR
   (V) MANIFEST  ACUTE  FRUSTRATION,  ANXIETY  AND  ANGER  WHEN  POWERFUL
 INSTINCTS  TO  ACHIEVE  FAIL  DUE  TO DEVELOPMENTAL STAGES HAVING YET TO
 BECOME READY OR WHEN WORK APPEARS BELOW PERSONAL  EXPECTATIONS  OR  WHEN
 NEUROCOGNITIVE FUNCTIONING OR PSYCHODYNAMIC DISPOSITIONS THROW UP BARRI-
 ERS  OR  WHEN  DEMANDED  THEY  WORK, COUNTER TO THEIR STRONG, PARTICULAR
 NEUROCOGNITIVE FUNCTIONING.
   (B) PUPILS MAY HAVE A DIAGNOSIS OF A DISABLING CONDITION 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, WHILE SOME PUPILS MAY NOT BE
 DIAGNOSED BUT HAVE A DISABLING CONDITION, AND SOME PUPILS MAY PRESENT AS
 ATYPICAL BUT HAVE NO DISABLING CONDITION.  SUCH DEFINITION SHALL INCLUDE
 THOSE PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS  OR  SERVICES  BEYOND  AND
 DIFFERING  FROM 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.
   § 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
 BRIGHT  NEUROLOGICALLY DIVERSE PUPILS, A SCHOOL DISTRICT SHALL SUBMIT TO
 THE COMMISSIONER A SUMMARY PLAN FOR THE IDENTIFICATION AND EDUCATION  OF
 GIFTED  PUPILS  AND BRIGHT NEUROLOGICALLY DIVERSE PUPILS. THE PLAN SHALL
 BE IN A 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
 S. 1675--A                          5
 
 SHALL USE SUCH FUNDING IN ACCORDANCE WITH GUIDELINES TO  BE  ESTABLISHED
 BY  THE COMMISSIONER FOR SERVICES TO GIFTED PUPILS AND BRIGHT NEUROLOGI-
 CALLY DIVERSE PUPILS.  SUCH SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO
 IDENTIFICATION, INSTRUCTIONAL PROGRAMS, GIFTED IEPS (GIEPS) DEVELOPED BY
 CERTIFIED  GIFTED  AND  TALENTED LEARNING SPECIALISTS, COUNSELING, PLAN-
 NING, 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  BRIGHT  NEUROLOGICALLY  DIVERSE 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 BRIGHT NEUROLOGICALLY DIVERSE PROGRAM FUNDED UNDER THIS CHAP-
 TER, 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 BRIGHT NEUROLOGICALLY DIVERSE 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 BRIGHT
 NEUROLOGICALLY DIVERSE SHALL BE INFORMED BY THE LOCAL SCHOOL AUTHORITIES
 OF THE PUPIL'S PLACEMENT IN SUCH GIFTED OR BRIGHT NEUROLOGICALLY DIVERSE
 PROGRAM FUNDED UNDER THIS CHAPTER.
   § 7. Section 4453 of the education law is REPEALED and a  new  section
 4453 is added to read as follows:
   §  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 BRIGHT NEUROLOGICALLY DIVERSE PUPILS.
 SUCH COUNCIL SHALL ASSIST AND ADVISE THE COMMISSIONER  AND  HIS  OR  HER
 DESIGNEES WITH RESPECT TO POLICIES AND PROCEDURES RELATING TO THE EDUCA-
 TION  OF  GIFTED  AND  BRIGHT NEUROLOGICALLY DIVERSE 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 BRIGHT NEUROLOGICALLY DIVERSE PUPILS. THE MEMBERS SHALL
 BE RESIDENTS OF THIS STATE AND SHALL BE SELECTED ON THE BASIS  OF  THEIR
 COMPETENCE, CONCERN, AND PROFESSIONAL ACTIVITY IN THE EDUCATION OF GIFT-
 ED AND BRIGHT NEUROLOGICALLY DIVERSE 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.
   § 8. This act shall take effect April 1, 2024. Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.