A01522 Summary:

BILL NO    A01522B

SAME AS    SAME AS UNI. S01875-B

SPONSOR    Thiele (MS)

COSPNSR    Jaffee, 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.
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A01522 Memo:

BILL NUMBER:A1522B

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 4432 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 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 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 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, those 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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A01522 Text:

                           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:

    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

        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

    1  DISORDERS, EMOTIONAL/BEHAVIORAL DISORDERS, PHYSICAL DISABILITIES, AUTISM
    2  SPECTRUM,  OR  OTHER  HEALTH  IMPAIRMENTS, SUCH AS ADHD. SUCH TERM SHALL
    3  INCLUDE THOSE PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND
    4  THOSE  NORMALLY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REAL-
    5  IZE THEIR FULL POTENTIAL.
    6    S 2. Paragraph a of subdivision 1 of section 3602-c of  the  education
    7  law,  as  amended by chapter 474 of the laws of 2004, is amended to read
    8  as follows:
    9    a. "Services" shall mean instruction in the areas  of  gifted  pupils,
   10  TWICE-EXCEPTIONAL  PUPILS,  career  education and education for students
   11  with  disabilities,  and  counseling,  psychological  and  social   work
   12  services  related to such instruction provided during the regular school
   13  year for pupils enrolled in a  nonpublic  school  located  in  a  school
   14  district,  provided that such instruction is given to pupils enrolled in
   15  the public schools of such district.
   16    S 3. Section 4451 of the education law, as added by chapter 740 of the
   17  laws of 1982, is amended to read as follows:
   18    S 4451. Powers of  the  department  with  respect  to  gifted  pupils.
   19  [Subject  to the availability of funds, the] THE state education depart-
   20  ment is hereby  authorized  [and],  empowered  AND  DIRECTED  to  assist
   21  districts  in  meeting  the  educational  needs  EQUALLY of BOTH GENERAL
   22  EDUCATION AND DISABLED gifted pupils, WHO ARE COMMONLY  REFERRED  TO  AS
   23  TWICE-EXCEPTIONAL STUDENTS, through the following:
   24    1.  provide  information to school districts concerning development of
   25  programs, curriculum resources, instructional procedures and  strategies
   26  to  identify  and  encourage EQUALLY BOTH GENERAL EDUCATION AND DISABLED
   27  gifted  pupils,  WHO  ARE  COMMONLY  REFERRED  TO  AS  TWICE-EXCEPTIONAL
   28  STUDENTS;
   29    2.  provide technical assistance and [inservice] IN-SERVICE education,
   30  PROFESSIONAL DEVELOPMENT AND PROGRAM EVALUATION for teachers and  admin-
   31  istrators;
   32    3.  maintain  a  record  of  programs  available, and make this record
   33  available for public inspection;
   34    4. develop, maintain, and distribute a handbook for  parents  of  BOTH
   35  GENERAL  EDUCATION AND DISABLED gifted pupils, WHO ARE COMMONLY REFERRED
   36  TO AS TWICE-EXCEPTIONAL STUDENTS.
   37    S 4. The opening paragraph of subdivision 1 of  section  4452  of  the
   38  education  law,  as added by chapter 740 of the laws of 1982, is amended
   39  to read as follows:
   40    In order to provide for educational programs to meet special needs  of
   41  gifted  pupils,  the  commissioner  is hereby authorized AND DIRECTED to
   42  make  recommendations  to  school  districts  in  accordance  with   the
   43  provisions  of  this  subdivision  and section thirty-six hundred two of
   44  this chapter.
   45    S 5. Subdivision 1 of section 4452 of the education law is amended  by
   46  adding a new paragraph a-1 to read as follows:
   47    A-1.  AS USED IN THIS ARTICLE, THE TERM "TWICE-EXCEPTIONAL" SHALL MEAN
   48  THOSE PUPILS WHO GIVE EVIDENCE OF THE POTENTIAL FOR HIGH COGNITIVE PROC-
   49  ESSING CAPABILITIES COMMENSURATE WITH OR CONTRARY TO COGNITIVE  PROCESS-
   50  ING TAKEN AS NORMS OF REGULAR EDUCATION IN AREAS SUCH AS, BUT NOT LIMIT-
   51  ED  TO:    SPECIFIC ACADEMICS, GENERAL INTELLECTUAL ABILITY, CREATIVITY,
   52  LEADERSHIP, AND/OR VISUAL, SPATIAL OR PERFORMING  ARTS;  AND  ALSO  GIVE
   53  EVIDENCE  OF  ONE  OR  MORE  DISABILITIES AS DEFINED BY FEDERAL OR STATE
   54  ELIGIBILITY CRITERIA SUCH AS, BUT  NOT  LIMITED  TO,  SPECIFIC  LEARNING
   55  DISABILITIES, SPEECH AND LANGUAGE DISORDERS, EMOTIONAL/BEHAVIORAL DISOR-
   56  DERS,  PHYSICAL  DISABILITIES,  AUTISM SPECTRUM, OR OTHER HEALTH IMPAIR-
       S. 1875--B                          3                         A. 1522--B

    1  MENTS, SUCH AS ADHD.   SUCH DEFINITION SHALL INCLUDE  THOSE  PUPILS  WHO
    2  REQUIRE  EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMALLY PROVIDED
    3  BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL POTENTIAL.
    4    (I) FOR THE PURPOSE OF THIS ARTICLE, THE TERMS "DISABILITY" AND "DISA-
    5  BLED" SHALL MEAN A CHILD:
    6    A.  WITH  HEARING IMPAIRMENTS (INCLUDING DEAFNESS), SPEECH OR LANGUAGE
    7  IMPAIRMENTS,  VISUAL  IMPAIRMENTS   (INCLUDING   BLINDNESS),   EMOTIONAL
    8  DISTURBANCE,   ORTHOPEDIC  IMPAIRMENTS,  OTHER  HEALTH  IMPAIRMENTS,  OR
    9  SPECIFIC LEARNING DISABILITIES; AND
   10    B. WHO,  BY  REASON  THEREOF,  NEEDS  SPECIAL  EDUCATION  AND  RELATED
   11  SERVICES WITHIN A GIFTED PROGRAM.
   12    (II)  FOR  PURPOSES OF THIS ARTICLE, THE TERM "SPECIFIC LEARNING DISA-
   13  BILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC PSYCHOLOGICAL PROC-
   14  ESSES INVOLVED IN UNDERSTANDING OR IN USING LANGUAGE, SPOKEN OR WRITTEN,
   15  WHICH DISORDER MAY MANIFEST ITSELF IN THE IMPERFECT ABILITY  TO  LISTEN,
   16  THINK, SPEAK, READ, WRITE, SPELL, OR DO MATHEMATICAL CALCULATIONS.
   17    S  6. Paragraphs c, d, e and f of subdivision 1 of section 4452 of the
   18  education law are REPEALED and five new paragraphs c, d, e, f and g  are
   19  added to read as follows:
   20    C.  PRIOR TO PAYMENT OF STATE FUNDS FOR EDUCATION OF GIFTED PUPILS AND
   21  TWICE-EXCEPTIONAL PUPILS, A SCHOOL DISTRICT SHALL SUBMIT TO THE  COMMIS-
   22  SIONER  A  SUMMARY  PLAN  FOR THE IDENTIFICATION AND EDUCATION OF GIFTED
   23  PUPILS AND TWICE-EXCEPTIONAL PUPILS. THE  PLAN  SHALL  BE  IN  FORM  AND
   24  CONTENT AS PRESCRIBED BY THE COMMISSIONER.
   25    D.  UPON  ACCEPTANCE  BY A LOCAL SCHOOL DISTRICT OF THE APPORTIONMENTS
   26  MADE UNDER SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SUCH  DISTRICT
   27  SHALL  USE  SUCH FUNDING IN ACCORDANCE WITH GUIDELINES TO BE ESTABLISHED
   28  BY THE COMMISSIONER FOR SERVICES TO GIFTED PUPILS AND  TWICE-EXCEPTIONAL
   29  PUPILS.    SUCH SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO IDENTIFICA-
   30  TION, INSTRUCTIONAL PROGRAMS, GIFTED IEPS (GIEPS) DEVELOPED BY CERTIFIED
   31  GIFTED AND TALENTED LEARNING SPECIALISTS, COUNSELING, PLANNING,  IN-SER-
   32  VICE EDUCATION AND PROGRAM EVALUATION. A BOARD OF EDUCATION MAY CONTRACT
   33  WITH  ANOTHER  DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO
   34  PROVIDE THE PROGRAM AND/OR SERVICES WITH THE APPROVAL OF THE COMMISSION-
   35  ER UNDER GUIDELINES ESTABLISHED BY THE COMMISSIONER.
   36    E. THE IDENTIFICATION OF PUPILS FOR  PARTICIPATION  IN  EITHER  GIFTED
   37  PROGRAMS  OR  TWICE-EXCEPTIONAL PROGRAMS FUNDED UNDER THIS CHAPTER SHALL
   38  COMMENCE THROUGH THE REFERRAL OF A PARENT, TEACHER OR ADMINISTRATOR.
   39    F. UPON REFERRAL OF A PUPIL  FOR  PARTICIPATION  IN  EITHER  A  GIFTED
   40  PROGRAM  OR  TWICE-EXCEPTIONAL  PROGRAM  FUNDED  UNDER THIS CHAPTER, THE
   41  SCHOOL DISTRICT SHALL SO INFORM THE PARENT OR GUARDIAN OF  SUCH  PUPIL'S
   42  REFERRAL AND SHALL SEEK THEIR APPROVAL TO ADMINISTER DIAGNOSTIC TESTS OR
   43  OTHER  EVALUATION  MECHANISMS  RELATED  TO THE PROGRAM OBJECTIVES OF THE
   44  DISTRICT IN ORDER TO DETERMINE ELIGIBILITY  FOR  PARTICIPATION  IN  SUCH
   45  GIFTED  OR  TWICE-EXCEPTIONAL  PROGRAM. FAILING TO RECEIVE APPROVAL, THE
   46  CHILD SHALL NOT BE TESTED, EVALUATED OR PARTICIPATE IN THE  PROGRAM.  IN
   47  NO  CASE  SHALL  THE  PARENT, GUARDIAN OR PUPIL BE CHARGED A FEE FOR THE
   48  ADMINISTRATION OF SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS.
   49    G. THE PARENT OR GUARDIAN OF A PUPIL DESIGNATED AS GIFTED OR TWICE-EX-
   50  CEPTIONAL SHALL BE INFORMED BY  THE  LOCAL  SCHOOL  AUTHORITIES  OF  THE
   51  PUPIL'S  PLACEMENT  IN  SUCH  GIFTED OR TWICE-EXCEPTIONAL PROGRAM FUNDED
   52  UNDER THIS CHAPTER.
   53    S 7. Section 4453 of the education law is REPEALED and a  new  section
   54  4453 is added to read as follows:
   55    S  4453.  ADVISORY  COUNCIL ON THE EDUCATION OF GIFTED PUPILS. 1.  THE
   56  COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT AN  ADVISORY  COUNCIL
       S. 1875--B                          4                         A. 1522--B

    1  ON  THE  EDUCATION  OF GIFTED AND TWICE-EXCEPTIONAL PUPILS. SUCH COUNCIL
    2  SHALL ASSIST AND ADVISE THE COMMISSIONER AND HIS DESIGNEES WITH  RESPECT
    3  TO  POLICIES  AND  PROCEDURES  RELATING  TO  THE EDUCATION OF GIFTED AND
    4  TWICE-EXCEPTIONAL PUPILS AND PROGRAMS ASSOCIATED THEREWITH.
    5    2.  SUCH  ADVISORY COUNCIL APPOINTED BY THE COMMISSIONER SHALL CONSIST
    6  OF AT LEAST TEN MEMBERS, WHO ARE DIRECTLY CONCERNED WITH GENERAL  EDUCA-
    7  TION AND DISABLED GIFTED PUPILS OR WHO HAVE SPECIALIZED IN THE EDUCATION
    8  OF  SUCH  PUPILS,  PROVIDED,  HOWEVER  THAT  SUCH ADVISORY COUNCIL SHALL
    9  INCLUDE AT LEAST A  PLURALITY  OF  PARENTS  OF  SUCH  PUPILS,  INCLUDING
   10  PARENTS  OF  THOSE  TWICE-EXCEPTIONAL PUPILS. THE MEMBERS SHALL BE RESI-
   11  DENTS OF THIS STATE AND SHALL BE SELECTED ON THE BASIS OF  THEIR  COMPE-
   12  TENCE, CONCERN, AND PROFESSIONAL ACTIVITY IN THE EDUCATION OF GIFTED AND
   13  TWICE-EXCEPTIONAL PUPILS.
   14    3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES EACH YEAR AT A
   15  LOCATION  TO  BE  DETERMINED  BY  THE COMMISSIONER. THE ADVISORY COUNCIL
   16  SHALL REPORT AT LEAST BIANNUALLY TO THE COMMISSIONER.
   17    S 8. This act shall take effect April 1, 2015; provided, however, that
   18  effective immediately, the addition, amendment and/or repeal of any rule
   19  or regulation necessary for the implementation of this act on its effec-
   20  tive date is authorized to be made and completed on or before such date.
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