Bill S1272-2011

Directs that teachers be trained in the education of gifted students, and provides start-up funding for such training; repealer; appropriation

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1272 2011-2012 Regular Sessions IN 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
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.

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