BILL NO A01522A
SAME AS SAME AS UNI. S01875-A
SPONSOR Thiele (MS)
COSPNSR Jaffee, Maisel, Miller
MLTSPNSR Magnarelli, McDonough
Amd SS3602-c, 4451 & 4452, rpld S4452 sub 1 c, d, e & f, rpld & add S4453, Ed L
Relates to gifted and talented pupils with special needs.
BILL NUMBER:A1522A REVISED MEMO 05/08/2013
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, 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.
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:
1 Section 1. Subdivision 1 of section 3602-c of the education law is
2 amended by adding a new paragraph g to read as follows:
3 G. "TWICE-EXCEPTIONAL" SHALL MEAN THOSE PUPILS WHO GIVE EVIDENCE OF
4 THE POTENTIAL FOR HIGH COGNITIVE PROCESSING CAPABILITIES COMMENSURATE
5 WITH OR CONTRARY TO COGNITIVE PROCESSING TAKEN AS NORMS OF REGULAR
6 EDUCATION IN AREAS SUCH AS, BUT NOT LIMITED TO: SPECIFIC ACADEMICS,
7 GENERAL INTELLECTUAL ABILITY, CREATIVITY, LEADERSHIP, AND/OR VISUAL,
8 SPATIAL OR PERFORMING ARTS; AND ALSO GIVE EVIDENCE OF ONE OR MORE DISA-
9 BILITIES AS DEFINED BY FEDERAL OR STATE ELIGIBILITY CRITERIA SUCH AS,
10 BUT NOT LIMITED TO, SPECIFIC LEARNING DISABILITIES, SPEECH AND LANGUAGE
11 DISORDERS, EMOTIONAL/BEHAVIORAL DISORDERS, PHYSICAL DISABILITIES, AUTISM
12 SPECTRUM, OR OTHER HEALTH IMPAIRMENTS, SUCH AS ADHD. SUCH TERM SHALL
13 INCLUDE THOSE PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND
14 THOSE NORMALLY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REAL-
15 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
1 S 2. Paragraph a of subdivision 1 of section 3602-c of the education
2 law, as amended by chapter 474 of the laws of 2004, is amended to read
3 as follows:
4 a. "Services" shall mean instruction in the areas of gifted pupils,
5 TWICE-EXCEPTIONAL PUPILS, career education and education for students
6 with disabilities, and counseling, psychological and social work
7 services related to such instruction provided during the regular school
8 year for pupils enrolled in a nonpublic school located in a school
9 district, provided that such instruction is given to pupils enrolled in
10 the public schools of such district.
11 S 3. Section 4451 of the education law, as added by chapter 740 of the
12 laws of 1982, is amended to read as follows:
13 S 4451. Powers of the department with respect to gifted pupils.
14 [Subject to the availability of funds, the] THE state education depart-
15 ment is hereby authorized [and], empowered AND DIRECTED to assist
16 districts in meeting the educational needs EQUALLY of BOTH GENERAL
17 EDUCATION AND DISABLED gifted pupils, WHO ARE COMMONLY REFERRED TO AS
18 TWICE-EXCEPTIONAL STUDENTS, through the following:
19 1. provide information to school districts concerning development of
20 programs, curriculum resources, instructional procedures and strategies
21 to identify and encourage EQUALLY BOTH GENERAL EDUCATION AND DISABLED
22 gifted pupils, WHO ARE COMMONLY REFERRED TO AS TWICE-EXCEPTIONAL
23 STUDENTS;
24 2. provide technical assistance and [inservice] IN-SERVICE education,
25 PROFESSIONAL DEVELOPMENT AND PROGRAM EVALUATION for teachers and admin-
26 istrators;
27 3. maintain a record of programs available, and make this record
28 available for public inspection;
29 4. develop, maintain, and distribute a handbook for parents of BOTH
30 GENERAL EDUCATION AND DISABLED gifted pupils, WHO ARE COMMONLY REFERRED
31 TO AS TWICE-EXCEPTIONAL STUDENTS.
32 S 4. The opening paragraph of subdivision 1 of section 4452 of the
33 education law, as added by chapter 740 of the laws of 1982, is amended
34 to read as follows:
35 In order to provide for educational programs to meet special needs of
36 gifted pupils, the commissioner is hereby authorized AND DIRECTED to
37 make recommendations to school districts in accordance with the
38 provisions of this subdivision and section thirty-six hundred two of
39 this chapter.
40 S 5. Subdivision 1 of section 4452 of the education law is amended by
41 adding a new paragraph a-1 to read as follows:
42 A-1. AS USED IN THIS ARTICLE, THE TERM "TWICE-EXCEPTIONAL" SHALL MEAN
43 THOSE PUPILS WHO GIVE EVIDENCE OF THE POTENTIAL FOR HIGH COGNITIVE PROC-
44 ESSING CAPABILITIES COMMENSURATE WITH OR CONTRARY TO COGNITIVE PROCESS-
45 ING TAKEN AS NORMS OF REGULAR EDUCATION IN AREAS SUCH AS, BUT NOT LIMIT-
46 ED TO: SPECIFIC ACADEMICS, GENERAL INTELLECTUAL ABILITY, CREATIVITY,
47 LEADERSHIP, AND/OR VISUAL, SPATIAL OR PERFORMING ARTS; AND ALSO GIVE
48 EVIDENCE OF ONE OR MORE DISABILITIES AS DEFINED BY FEDERAL OR STATE
49 ELIGIBILITY CRITERIA SUCH AS, BUT NOT LIMITED TO, SPECIFIC LEARNING
50 DISABILITIES, SPEECH AND LANGUAGE DISORDERS, EMOTIONAL/BEHAVIORAL DISOR-
51 DERS, PHYSICAL DISABILITIES, AUTISM SPECTRUM, OR OTHER HEALTH IMPAIR-
52 MENTS, SUCH AS ADHD. SUCH DEFINITION SHALL INCLUDE THOSE PUPILS WHO
53 REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMALLY PROVIDED
54 BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL POTENTIAL.
55 (I) FOR THE PURPOSE OF THIS ARTICLE, THE TERMS "DISABILITY" AND "DISA-
56 BLED" SHALL MEAN A CHILD:
S. 1875--A 3 A. 1522--A
1 A. WITH HEARING IMPAIRMENTS (INCLUDING DEAFNESS), SPEECH OR LANGUAGE
2 IMPAIRMENTS, VISUAL IMPAIRMENTS (INCLUDING BLINDNESS), EMOTIONAL
3 DISTURBANCE, ORTHOPEDIC IMPAIRMENTS, OTHER HEALTH IMPAIRMENTS, OR
4 SPECIFIC LEARNING DISABILITIES; AND
5 B. WHO, BY REASON THEREOF, NEEDS SPECIAL EDUCATION AND RELATED
6 SERVICES WITHIN A GIFTED PROGRAM.
7 (II) FOR PURPOSES OF THIS ARTICLE, THE TERM "SPECIFIC LEARNING DISA-
8 BILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC PSYCHOLOGICAL PROC-
9 ESSES INVOLVED IN UNDERSTANDING OR IN USING LANGUAGE, SPOKEN OR WRITTEN,
10 WHICH DISORDER MAY MANIFEST ITSELF IN THE IMPERFECT ABILITY TO LISTEN,
11 THINK, SPEAK, READ, WRITE, SPELL, OR DO MATHEMATICAL CALCULATIONS.
12 S 6. Paragraphs c, d, e and f of subdivision 1 of section 4452 of the
13 education law are REPEALED and five new paragraphs c, d, e, f and g are
14 added to read as follows:
15 C. PRIOR TO PAYMENT OF STATE FUNDS FOR EDUCATION OF GIFTED PUPILS AND
16 TWICE-EXCEPTIONAL PUPILS, A SCHOOL DISTRICT SHALL SUBMIT TO THE COMMIS-
17 SIONER A SUMMARY PLAN FOR THE IDENTIFICATION AND EDUCATION OF GIFTED
18 PUPILS AND TWICE-EXCEPTIONAL PUPILS. THE PLAN SHALL BE IN FORM AND
19 CONTENT AS PRESCRIBED BY THE COMMISSIONER.
20 D. UPON ACCEPTANCE BY A LOCAL SCHOOL DISTRICT OF THE APPORTIONMENTS
21 MADE UNDER SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SUCH DISTRICT
22 SHALL USE SUCH FUNDING IN ACCORDANCE WITH GUIDELINES TO BE ESTABLISHED
23 BY THE COMMISSIONER FOR SERVICES TO GIFTED PUPILS AND TWICE-EXCEPTIONAL
24 PUPILS. SUCH SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO IDENTIFICA-
25 TION, INSTRUCTIONAL PROGRAMS, GIFTED IEPS (GIEPS) DEVELOPED BY CERTIFIED
26 GIFTED AND TALENTED LEARNING SPECIALISTS, COUNSELING, PLANNING, IN-SER-
27 VICE EDUCATION AND PROGRAM EVALUATION. A BOARD OF EDUCATION MAY CONTRACT
28 WITH ANOTHER DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO
29 PROVIDE THE PROGRAM AND/OR SERVICES WITH THE APPROVAL OF THE COMMISSION-
30 ER UNDER GUIDELINES ESTABLISHED BY THE COMMISSIONER.
31 E. THE IDENTIFICATION OF PUPILS FOR PARTICIPATION IN EITHER GIFTED
32 PROGRAMS OR TWICE-EXCEPTIONAL PROGRAMS FUNDED UNDER THIS CHAPTER SHALL
33 COMMENCE THROUGH THE REFERRAL OF A PARENT, TEACHER OR ADMINISTRATOR.
34 F. UPON REFERRAL OF A PUPIL FOR PARTICIPATION IN EITHER A GIFTED
35 PROGRAM OR TWICE-EXCEPTIONAL PROGRAM FUNDED UNDER THIS CHAPTER, THE
36 SCHOOL DISTRICT SHALL SO INFORM THE PARENT OR GUARDIAN OF SUCH PUPIL'S
37 REFERRAL AND SHALL SEEK THEIR APPROVAL TO ADMINISTER DIAGNOSTIC TESTS OR
38 OTHER EVALUATION MECHANISMS RELATED TO THE PROGRAM OBJECTIVES OF THE
39 DISTRICT IN ORDER TO DETERMINE ELIGIBILITY FOR PARTICIPATION IN SUCH
40 GIFTED OR TWICE-EXCEPTIONAL PROGRAM. FAILING TO RECEIVE APPROVAL, THE
41 CHILD SHALL NOT BE TESTED, EVALUATED OR PARTICIPATE IN THE PROGRAM. IN
42 NO CASE SHALL THE PARENT, GUARDIAN OR PUPIL BE CHARGED A FEE FOR THE
43 ADMINISTRATION OF SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS.
44 G. THE PARENT OR GUARDIAN OF A PUPIL DESIGNATED AS GIFTED OR TWICE-EX-
45 CEPTIONAL SHALL BE INFORMED BY THE LOCAL SCHOOL AUTHORITIES OF THE
46 PUPIL'S PLACEMENT IN SUCH GIFTED OR TWICE-EXCEPTIONAL PROGRAM FUNDED
47 UNDER THIS CHAPTER.
48 S 7. Section 4453 of the education law is REPEALED and a new section
49 4453 is added to read as follows:
50 S 4453. ADVISORY COUNCIL ON THE EDUCATION OF GIFTED PUPILS. 1. THE
51 COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT AN ADVISORY COUNCIL
52 ON THE EDUCATION OF GIFTED AND TWICE-EXCEPTIONAL PUPILS. SUCH COUNCIL
53 SHALL ASSIST AND ADVISE THE COMMISSIONER AND HIS DESIGNEES WITH RESPECT
54 TO POLICIES AND PROCEDURES RELATING TO THE EDUCATION OF GIFTED AND
55 TWICE-EXCEPTIONAL PUPILS AND PROGRAMS ASSOCIATED THEREWITH.
S. 1875--A 4 A. 1522--A
1 2. SUCH ADVISORY COUNCIL APPOINTED BY THE COMMISSIONER SHALL CONSIST
2 OF AT LEAST TEN MEMBERS, WHO ARE DIRECTLY CONCERNED WITH GENERAL EDUCA-
3 TION AND DISABLED GIFTED PUPILS OR WHO HAVE SPECIALIZED IN THE EDUCATION
4 OF SUCH PUPILS, PROVIDED, HOWEVER THAT SUCH ADVISORY COUNCIL SHALL
5 INCLUDE AT LEAST A PLURALITY OF PARENTS OF SUCH PUPILS, INCLUDING
6 PARENTS OF THOSE TWICE-EXCEPTIONAL PUPILS. THE MEMBERS SHALL BE RESI-
7 DENTS OF THIS STATE AND SHALL BE SELECTED ON THE BASIS OF THEIR COMPE-
8 TENCE, CONCERN, AND PROFESSIONAL ACTIVITY IN THE EDUCATION OF GIFTED AND
9 TWICE-EXCEPTIONAL PUPILS.
10 3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES EACH YEAR AT A
11 LOCATION TO BE DETERMINED BY THE COMMISSIONER. THE ADVISORY COUNCIL
12 SHALL REPORT AT LEAST BIANNUALLY TO THE COMMISSIONER.
13 S 8. This act shall take effect April 1, 2014; provided, however, that
14 effective immediately, the addition, amendment and/or repeal of any rule
15 or regulation necessary for the implementation of this act on its effec-
16 tive date is authorized to be made and completed on or before such date.
