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.

---

S1272-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• Jan 6, 2011: REFERRED TO FINANCE

S1272-2011 Memo

BILL NUMBER:S1272

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Directs that teachers be trained in the education of gifted students,
and are appropriated for start-up funding in regards to said training.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends education law by adding �3004(7) to require, as part
of licensure and certification for teachers and certain educational
professionals, three credits of course work or training in the
education of gifted and talented, including twice-exceptional
students, as well as the inclusion of practices to identify gifted
children in required professional development plans.

Section 2 amends �32004(2-b) of education law to require school
districts to provide gifted students with instruction under a teacher
with appropriate training in educating gifted pupils. This section
also requires school districts to provide acceleration opportunities
in grades one, three and five, similar to those currently required in
grade eight.

Section 3 amends �3208(S) (d) of education law to require that school
districts notify parents if diagnostic screening indicates that their
child is possibly gifted. This section also entitles such child to
gifted instruction.

Section 4 appropriates one million dollars ($1,000,000) to fund
teacher training in instruction of gifted pupils.

JUSTIFICATION:
It is imperative for our education system to be able to meet the needs
of its brightest students, so that New York can continue to produce
and retain talented leaders. In a time of serious anxiety over
whether or not New York's education system is preparing our youth to
succeed in an increasingly competitive global economy, it is ironic
that current state law abandons this state's most promising citizens.

Currently, New York State Education Law does not require schools to
provide any services to gifted and talented students. Given this and
the lack of funding for gifted and talented programs, many schools
are simply ignoring their most gifted students. Gifted and Talented
Aid is
provided through "Comprehensive Operating Aid", allowing schools to
cut gifted and talented programs and apply the funds elsewhere. The
"No Child Left Behind Act" has focused national attention on how
schools can better educate their lower-achieving students. With this,
school officials feel obligated to prioritize programs that address
the needs of their most disadvantaged students.


Funds are distributed to academic intervention services, English as a
second language programs, and special education at the expense of
gifted education. While the need to pour resources into these
programs is undeniably great, to neglect gifted and talented students
not only stifles the potential of New York's high-achievers, but is a
disservice to all New Yorkers. This does not need to be a zero-sum
game.

Ultimately, encouraging schools to provide challenging programs for
gifted and talented students raises the bar for all. Advancing high
quality instruction under accomplished teachers should always be a
priority.

In order to promote the continued development of exceptionally
intelligent children, this bill encourages greater awareness of
gifted and talented students, requires schools to provide instruction
for gifted students and supplies funds to assist schools in offering
such services.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.6287 - Referred to Finance

FISCAL IMPLICATIONS:
This measure provides one million dollars ($1,000,000), or so much
thereof as may be necessary, for payment of aid to training services
for teachers providing instruction to gifted and talented students.

EFFECTIVE DATE:
This bill will take effect on the one hundred twentieth day following
the date on which it shall have become law, with provisions.

S1272-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1272

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Finance

  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:


    Section 1. Section 3004 of the education law is amended  by  adding  a
  new subdivision 7 to read as follows:

    7.  THE  COMMISSIONER  SHALL  PRESCRIBE REGULATIONS REQUIRING THAT ALL
  PERSONS APPLYING ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION  FOR
  A CERTIFICATE OR LICENSE VALID FOR SERVICE AS A CLASSROOM TEACHER, PUPIL
  PERSONNEL  SERVICE  PROFESSIONAL,  SCHOOL ADMINISTRATOR OR SUPERVISOR OR
  SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO ALL THE  OTHER  CERTIF-
  ICATION  OR LICENSING REQUIREMENTS, HAVE COMPLETED THREE CREDITS OR MORE
  OF COURSE WORK OR TRAINING IN THE IDENTIFICATION AND EDUCATION OF GIFTED
  AND TALENTED PUPILS INCLUDING  TWICE-EXCEPTIONAL  PUPILS.  "TWICE-EXCEP-
  TIONAL"  SHALL  MEAN THOSE PUPILS WHO GIVE EVIDENCE OF THE POTENTIAL FOR
  HIGH COGNITIVE PROCESSING CAPABILITIES COMMENSURATE WITH OR CONTRARY  TO
  COGNITIVE  PROCESSING  TAKEN AS NORMS OF REGULAR EDUCATION IN AREAS SUCH
  AS, BUT NOT LIMITED TO: SPECIFIC ACADEMICS, GENERAL INTELLECTUAL  ABILI-
  TY,  CREATIVITY,  LEADERSHIP, AND/OR VISUAL, SPATIAL OR PERFORMING ARTS;
  AND ALSO GIVE EVIDENCE OF ONE OR MORE DISABILITIES 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. SUCH TERM SHALL INCLUDE THOSE
  PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMAL-
  LY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL
  POTENTIAL.    SUCH  CREDIT  WORK  OR  TRAINING SHALL BE OBTAINED FROM AN
  INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED  BY  THE  DEPARTMENT  TO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02016-01-1

 S. 1272                             2

  PROVIDE  SUCH  COURSE  WORK  OR  TRAINING.  SUCH  REGULATIONS SHALL ALSO
  REQUIRE THAT SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL
  SERVICES  INCLUDE  TRAINING FOR TEACHERS AND OTHER CERTIFIED OR LICENSED
  EMPLOYEES  IN  IDENTIFYING  GIFTED  AND TALENTED, INCLUDING TWICE EXCEP-
  TIONAL, STUDENTS IN THEIR REQUIRED PROFESSIONAL DEVELOPMENT PLANS.
    S 2. Subdivision 2-b of section 3204 of the education law is  REPEALED
  and a new subdivision 2-b is added to read as follows:

    2-B.  INSTRUCTION OF POSSIBLY GIFTED PUPILS. A. THE GOVERNING BOARD OF
  ANY SCHOOL DISTRICT AND ANY COMMUNITY SCHOOL DISTRICT IS HEREBY DIRECTED
  TO PROVIDE EVERY PUPIL  WHO  IS  DIAGNOSED  AS  "POSSIBLY  GIFTED"  WITH
  INSTRUCTION FROM A TEACHER WHO HAS HAD APPROPRIATE TRAINING IN EDUCATING
  GIFTED PUPILS.
    B.  ALL  SCHOOL DISTRICTS SHALL PROVIDE ACCELERATION OPPORTUNITIES FOR
  PUPILS IN GRADES ONE, THREE, FIVE AND EIGHT FOR PLACEMENT IN ACCELERATED
  COURSES IN THE BASIC BRANCHES OF STUDY.
    S 3. Paragraph d of subdivision 5 of section 3208 of the education law
  is REPEALED and a new paragraph d is added to read as follows:

    D. IF SUCH SCREENING INDICATES A POSSIBLY GIFTED CHILD, THE  NAME  AND
  FINDING  SHALL  BE  REPORTED  TO  THE  SUPERINTENDENT OF SCHOOLS OF SUCH
  DISTRICT AND TO THE PARENT OR GUARDIAN OF SUCH CHILD. SUCH  NOTIFICATION
  SHALL ENTITLE THE CHILD TO INSTRUCTION FROM A TEACHER WHO HAS HAD APPRO-
  PRIATE  TRAINING  IN  EDUCATING  GIFTED  PUPILS, OR ALTERNATIVE SERVICES
  MUTUALLY AGREEABLE TO THE SCHOOL DISTRICT AND PARENT OR GUARDIAN OF SUCH
  CHILD.
    S 4. The sum of one million dollars ($1,000,000), or so  much  thereof
  as  may be necessary, is hereby appropriated to the department of educa-
  tion out of any moneys in the state treasury in the general fund to  the
  credit  of the state purposes fund, not otherwise appropriated, and made
  immediately available, for the sole purpose of  providing  training  for
  teachers  in providing education to possibly gifted, including twice-ex-
  ceptional pupils in the public elementary schools. Such moneys shall  be
  payable  on  the audit and warrant of the comptroller on vouchers certi-
  fied or  approved  by  the  commissioner  of  education  in  the  manner
  prescribed by law.
    S  5. This act shall take effect on the one hundred twentieth day next
  succeeding the date on which it shall have become a law; provided,  that
  effective immediately, the addition, amendment and/or repeal of any rule
  or regulation necessary for the implementation of this act on its effec-
  tive  date  are  authorized  and directed to be made and completed on or
  before such effective date provided, however,  that  the  amendments  to
  section  3208  of  the  education  law made by section three of this act
  shall not affect the expiration of such section and shall be  deemed  to
  expire therewith.