STATE OF NEW YORK
________________________________________________________________________
S. 2880--A A. 4202--A
2015-2016 Regular Sessions
SENATE - ASSEMBLY
January 29, 2015
___________
IN SENATE -- Introduced by Sens. ADDABBO, ESPAILLAT -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education -- 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 -- 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
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07784-02-6
S. 2880--A 2 A. 4202--A
1 those normally provided by the regular school program in order to real-
2 ize their full potential.
3 § 2. Paragraph a of subdivision 1 of section 3602-c of the education
4 law, as amended by chapter 474 of the laws of 2004, is amended to read
5 as follows:
6 a. "Services" shall mean instruction in the areas of gifted pupils,
7 twice-exceptional pupils, career education and education for students
8 with disabilities, and counseling, psychological and social work
9 services related to such instruction provided during the regular school
10 year for pupils enrolled in a nonpublic school located in a school
11 district, provided that such instruction is given to pupils enrolled in
12 the public schools of such district.
13 § 3. Section 4451 of the education law, as added by chapter 740 of the
14 laws of 1982, is amended to read as follows:
15 § 4451. Powers of the department with respect to gifted pupils.
16 [Subject to the availability of funds, the] The state education depart-
17 ment is hereby authorized [and], empowered and directed to assist
18 districts in meeting the educational needs equally of both general
19 education and disabled gifted pupils, who are commonly referred to as
20 twice-exceptional students, through the following:
21 1. provide information to school districts concerning development of
22 programs, curriculum resources, instructional procedures and strategies
23 to identify and encourage equally both general education and disabled
24 gifted pupils, who are commonly referred to as twice-exceptional
25 students;
26 2. provide technical assistance and [inservice] in-service education,
27 professional development and program evaluation for teachers and admin-
28 istrators;
29 3. maintain a record of programs available, and make this record
30 available for public inspection;
31 4. develop, maintain, and distribute a handbook for parents of both
32 general education and disabled gifted pupils, who are commonly referred
33 to as twice-exceptional students.
34 § 4. The opening paragraph of subdivision 1 of section 4452 of the
35 education law, as added by chapter 740 of the laws of 1982, is amended
36 to read as follows:
37 In order to provide for educational programs to meet special needs of
38 gifted pupils, the commissioner is hereby authorized and directed to
39 make recommendations to school districts in accordance with the
40 provisions of this subdivision and section thirty-six hundred two of
41 this chapter.
42 § 5. Subdivision 1 of section 4452 of the education law is amended by
43 adding a new paragraph a-1 to read as follows:
44 a-1. As used in this article, the term "twice-exceptional" shall mean
45 those pupils who give evidence of the potential for high cognitive proc-
46 essing capabilities commensurate with or contrary to cognitive process-
47 ing taken as norms of regular education in areas such as, but not limit-
48 ed to: specific academics, general intellectual ability, creativity,
49 leadership, and/or visual, spatial or performing arts; and also give
50 evidence of one or more disabilities as defined by federal or state
51 eligibility criteria such as, but not limited to, specific learning
52 disabilities, speech and language disorders, emotional/behavioral disor-
53 ders, physical disabilities, autism spectrum, or other health impair-
54 ments, such as ADHD. Such definition shall include those pupils who
55 require educational programs or services beyond those normally provided
56 by the regular school program in order to realize their full potential.
S. 2880--A 3 A. 4202--A
1 (i) For the purpose of this article, the terms "disability" and "disa-
2 bled" shall mean a child:
3 A. with hearing impairments (including deafness), speech or language
4 impairments, visual impairments (including blindness), emotional
5 disturbance, orthopedic impairments, other health impairments, or
6 specific learning disabilities; and
7 B. who, by reason thereof, needs special education and related
8 services within a gifted program.
9 (ii) For purposes of this article, the term "specific learning disa-
10 bility" means a disorder in one or more of the basic psychological proc-
11 esses involved in understanding or in using language, spoken or written,
12 which disorder may manifest itself in the imperfect ability to listen,
13 think, speak, read, write, spell, or do mathematical calculations.
14 § 6. Paragraphs c, d, e and f of subdivision 1 of section 4452 of the
15 education law are REPEALED and five new paragraphs c, d, e, f and g are
16 added to read as follows:
17 c. Prior to payment of state funds for education of gifted pupils and
18 twice-exceptional pupils, a school district shall submit to the commis-
19 sioner a summary plan for the identification and education of gifted
20 pupils and twice-exceptional pupils. The plan shall be in form and
21 content as prescribed by the commissioner.
22 d. Upon acceptance by a local school district of the apportionments
23 made under section thirty-six hundred two of this chapter such district
24 shall use such funding in accordance with guidelines to be established
25 by the commissioner for services to gifted pupils and twice-exceptional
26 pupils. Such services shall include but not be limited to identifica-
27 tion, instructional programs, gifted IEPs (GIEPs) developed by certified
28 gifted and talented learning specialists, counseling, planning, in-ser-
29 vice education and program evaluation. A board of education may contract
30 with another district or board of cooperative educational services to
31 provide the program and/or services with the approval of the commission-
32 er under guidelines established by the commissioner.
33 e. The identification of pupils for participation in either gifted
34 programs or twice-exceptional programs funded under this chapter shall
35 commence through the referral of a parent, teacher or administrator.
36 f. Upon referral of a pupil for participation in either a gifted
37 program or twice-exceptional program funded under this chapter, the
38 school district shall so inform the parent or guardian of such pupil's
39 referral and shall seek their approval to administer diagnostic tests or
40 other evaluation mechanisms related to the program objectives of the
41 district in order to determine eligibility for participation in such
42 gifted or twice-exceptional program. Failing to receive approval, the
43 child shall not be tested, evaluated or participate in the program. In
44 no case shall the parent, guardian or pupil be charged a fee for the
45 administration of such diagnostic tests or other evaluation mechanisms.
46 g. The parent or guardian of a pupil designated as gifted or twice-ex-
47 ceptional shall be informed by the local school authorities of the
48 pupil's placement in such gifted or twice-exceptional program funded
49 under this chapter.
50 § 7. Section 4453 of the education law is REPEALED and a new section
51 4453 is added to read as follows:
52 § 4453. Advisory council on the education of gifted pupils. 1. The
53 commissioner shall establish within the department an advisory council
54 on the education of gifted and twice-exceptional pupils. Such council
55 shall assist and advise the commissioner and his designees with respect
S. 2880--A 4 A. 4202--A
1 to policies and procedures relating to the education of gifted and
2 twice-exceptional pupils and programs associated therewith.
3 2. Such advisory council appointed by the commissioner shall consist
4 of at least ten members, who are directly concerned with general educa-
5 tion and disabled gifted pupils or who have specialized in the education
6 of such pupils, provided, however that such advisory council shall
7 include at least a plurality of parents of such pupils, including
8 parents of those twice-exceptional pupils. The members shall be resi-
9 dents of this state and shall be selected on the basis of their compe-
10 tence, concern, and professional activity in the education of gifted and
11 twice-exceptional pupils.
12 3. The advisory council shall meet at least three times each year at a
13 location to be determined by the commissioner. The advisory council
14 shall report at least biannually to the commissioner.
15 § 8. This act shall take effect April 1, 2017; provided, however, that
16 effective immediately, the addition, amendment and/or repeal of any rule
17 or regulation necessary for the implementation of this act on its effec-
18 tive date are authorized to be made and completed on or before such
19 date.
