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S03815 Summary:

BILL NOS03815
 
SAME ASSAME AS UNI. A03141
 
SPONSORADDABBO
 
COSPNSR
 
MLTSPNSR
 
Amd 3004, rpld & add 3204 sub 2-b, 3208 sub 5 d, Ed L
 
Directs that teachers be trained in the education of gifted students, and provides start-up funding for such training; authorizes necessary rule and/or regulation changes to properly implement the provisions of this legislation; appropriates $1,000,000 therefor.
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S03815 Actions:

BILL NOS03815
 
01/27/2017REFERRED TO FINANCE
01/03/2018REFERRED TO FINANCE
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S03815 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3815                                                  A. 3141
 
                               2017-2018 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  Introduced by M. of A. THIELE, AUBRY, JAFFEE -- Multi-
          Sponsored by -- M. of A.   MAGNARELLI,  McDONOUGH  --  read  once  and
          referred to the Committee on Education

        AN  ACT  to  amend the education law, in relation to teacher training in
          programs for gifted students; to repeal certain provisions of such law
          relating thereto; and making an appropriation therefor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  3004 of the education law is amended by adding a
     2  new subdivision 7 to read as follows:
     3    7. The commissioner shall prescribe  regulations  requiring  that  all
     4  persons  applying on or after the effective date of this subdivision for
     5  a certificate or license valid for service as a classroom teacher, pupil
     6  personnel service professional, school administrator  or  supervisor  or
     7  superintendent  of  schools, shall, in addition to all the other certif-
     8  ication or licensing requirements, have completed three credits or  more
     9  of course work or training in the identification and education of gifted
    10  and  talented  pupils  including twice-exceptional pupils. "Twice-excep-
    11  tional" shall mean those pupils who give evidence of the  potential  for
    12  high  cognitive processing capabilities commensurate with or contrary to
    13  cognitive processing taken as norms of regular education in  areas  such
    14  as,  but not limited to: specific academics, general intellectual abili-
    15  ty, creativity, leadership, and/or visual, spatial or  performing  arts;
    16  and also give evidence of one or more disabilities as defined by federal
    17  or  state  eligibility  criteria  such  as, but not limited to, specific
    18  learning    disabilities,     speech     and     language     disorders,
    19  emotional/behavioral  disorders, physical disabilities, autism spectrum,
    20  or other health impairments, such as ADHD. Such term shall include those
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07291-01-7

        S. 3815                             2                            A. 3141
 
     1  pupils who require educational programs or services beyond those normal-
     2  ly provided by the regular school program in order to realize their full
     3  potential.   Such credit work or training  shall  be  obtained  from  an
     4  institution  or  provider  which  has been approved by the department to
     5  provide such course  work  or  training.  Such  regulations  shall  also
     6  require  that  school  districts  and  boards of cooperative educational
     7  services include training for teachers and other certified  or  licensed
     8  employees  in  identifying  gifted  and talented, including twice excep-
     9  tional, students in their required professional development plans.
    10    § 2. Subdivision 2-b of section 3204 of the education law is  REPEALED
    11  and a new subdivision 2-b is added to read as follows:
    12    2-b.  Instruction of possibly gifted pupils. a. The governing board of
    13  any school district and any community school district is hereby directed
    14  to provide every pupil  who  is  diagnosed  as  "possibly  gifted"  with
    15  instruction from a teacher who has had appropriate training in educating
    16  gifted pupils.
    17    b.  All  school districts shall provide acceleration opportunities for
    18  pupils in the basic branches of study.
    19    § 3. Paragraph d of subdivision 5 of section 3208 of the education law
    20  is REPEALED and a new paragraph d is added to read as follows:
    21    d. If such screening indicates a possibly gifted child, the  name  and
    22  finding  shall  be  reported  to  the  superintendent of schools of such
    23  district and to the parent or guardian of such child. Such  notification
    24  shall  entitle  the  child to gifted IEPs (GIEPs) developed by certified
    25  gifted and talented learning specialists, and to other services  includ-
    26  ing,  but  not  limited  to,  differentiated  instruction, contact time,
    27  social  and  emotional  support,  academic  guidance   and   counseling,
    28  content-based  acceleration,  and instruction from a teacher who has had
    29  appropriate training in educating gifted pupils, or alternative services
    30  mutually agreeable to the school district and parent or guardian of such
    31  child.
    32    § 4. The sum of one million dollars ($1,000,000), or so  much  thereof
    33  as  may be necessary, is hereby appropriated to the department of educa-
    34  tion out of any moneys in the state treasury in the general fund to  the
    35  credit  of the state purposes fund, not otherwise appropriated, and made
    36  immediately available, for the sole purpose of  providing  training  for
    37  teachers  in providing education to possibly gifted, including twice-ex-
    38  ceptional pupils in the public elementary schools. Such moneys shall  be
    39  payable  on  the audit and warrant of the comptroller on vouchers certi-
    40  fied or  approved  by  the  commissioner  of  education  in  the  manner
    41  prescribed by law.
    42    §  5. This act shall take effect on the one hundred twentieth day next
    43  succeeding the date on which it shall have become a law; provided,  that
    44  effective immediately, the addition, amendment and/or repeal of any rule
    45  or regulation necessary for the implementation of this act on its effec-
    46  tive  date  are  authorized  and directed to be made and completed on or
    47  before such effective date; and provided, however, that  the  amendments
    48  to  section  3208 of the education law made by section three of this act
    49  shall not affect the expiration of such section and shall be  deemed  to
    50  expire therewith.
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