S1273-2011 Actions

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

S1273-2011 Memo

BILL NUMBER:S1273                REVISED 10/18/11

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:
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 PROVISIONS:
Amendments are made to the Education law (section 3602-C; section 4451;
section 4452), and sections 4452 and 4453 of the Education law are
repealed and replaced by new paragraphs.

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:
Former U.S. Commissioner of Education Sidney P. Marland, Jr. stated in
an August 1971 report to Congress the term "gifted and talented":
"Gifted and talented children are those identified by professionally
qualified persons who by virtue of outstanding abilities are capable
of high performance. These are children who require differentiated
educational programs and/or services beyond those normally provided
by the regular school program in order to realize their contribution
to self and society" (Marland, 1972). Recognized as
twice-exceptionality by the U.S. Government and educational scholars,
this class of individuals will evidently demonstrate high cognitive
capabilities in one area, and high disabilities in the other.

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 Act of 2001. Both proposed
legislative pieces would create funding for research, demonstration
projects, innovative strategies and direct education services and
materials to gifted and talented students if they were to pass in
their respective houses. In addition, 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 exceptionality or the other.


As of June 2004, twenty-five states have enacted a definition of
"gifted and talented education" from the State Legislature. New York
is one of twenty-one additional states where an educational state
agency has coined a term for gifted pupils.

In addition, New York state funding for Gifted and Talented Education
has not been allocated since 2006. Previously for the years
2003-2004, and 2004-2005, approximately $15 million per year had been
allocated for New York state in reference to funding for this
initiative.

It is our belief that a pupil who is either hearing, speech, visually,
orthopedic or health impaired, or emotionally disturbed or learning
disabled, should have available option to apply for and be eligible
for a special education and related services gifted program. If a
pupil can demonstrate in his/her 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 Asperger's syndrome,
reading, writing or math impairment-as in Dyslexia, Disgraphia or
Discalculia, maladjustment disorders or attention deficit), that
pupil should have an opportunity to improve on his/her special gift
within an educational environment fully satisfying to their
exceptional needs and characteristics.

By enacting this bill, these under-identified pupils will be
identified and services will be offered. 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.

LEGISLATIVE HISTORY:
2009-2010: S.6216 - Referred to Education

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on April 1, 2012.

S1273-2011 Text

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

                                    1273

                         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 Education

  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:


    Section  1.  Subdivision  1  of section 3602-c of the education law is
  amended by adding a new paragraph g to read as follows:

    G. "TWICE-EXCEPTIONAL" 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 ABILITY,  CREATIVITY,  LEADERSHIP,  AND/OR  VISUAL,
  SPATIAL  OR PERFORMING ARTS; AND ALSO GIVE EVIDENCE OF ONE OR MORE DISA-
  BILITIES 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  NORMALLY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REAL-
  IZE THEIR FULL POTENTIAL.
    S 2. Paragraph a of subdivision 1 of section 3602-c of  the  education
  law,  as  amended by chapter 474 of the laws of 2004, is amended to read
  as follows:

    a. "Services" shall mean instruction in the areas  of  gifted  pupils,
  TWICE-EXCEPTIONAL  PUPILS,  career  education and education for students
  with  disabilities,  and  counseling,  psychological  and  social   work
  services  related to such instruction provided during the regular school
  year for pupils enrolled in a  nonpublic  school  located  in  a  school

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01395-01-1

 S. 1273                             2

  district,  provided that such instruction is given to pupils enrolled in
  the public schools of such district.
    S 3. Section 4451 of the education law, as added by chapter 740 of the
  laws of 1982, is amended to read as follows:

    S 4451. Powers  of  the  department  with  respect  to  gifted pupils.
  [Subject to the availability of funds, the] THE state education  depart-
  ment  is  hereby  authorized  [and],  empowered  AND  DIRECTED to assist
  districts in meeting the  educational  needs  EQUALLY  of  BOTH  GENERAL
  EDUCATION AND DISABLED gifted pupils through the following:

    1.  provide  information to school districts concerning development of
  programs, curriculum resources, instructional procedures and  strategies
  to  identify  and  encourage EQUALLY BOTH GENERAL EDUCATION AND DISABLED
  gifted pupils;
    2. provide technical assistance and [inservice]  IN-SERVICE  education
  for teachers and administrators;
    3.  maintain  a  record  of  programs  available, and make this record
  available for public inspection;
    4. develop, maintain, and distribute a handbook for  parents  of  BOTH
  GENERAL EDUCATION AND DISABLED gifted pupils.
    S  4.  The  opening  paragraph of subdivision 1 of section 4452 of the
  education law, as added by chapter 740 of the laws of 1982,  is  amended
  to read as follows:

    In  order to provide for educational programs to meet special needs of
  gifted pupils, the commissioner is hereby  authorized  AND  DIRECTED  to
  make   recommendations  to  school  districts  in  accordance  with  the
  provisions of this subdivision and section  thirty-six  hundred  two  of
  this chapter.
    S  5. Subdivision 1 of section 4452 of the education law is amended by
  adding a new paragraph a-1 to read as follows:

    A-1. AS USED IN THIS ARTICLE, THE TERM "TWICE-EXCEPTIONAL" SHALL  MEAN
  THOSE PUPILS WHO GIVE EVIDENCE OF THE POTENTIAL FOR HIGH COGNITIVE PROC-
  ESSING  CAPABILITIES COMMENSURATE WITH OR CONTRARY TO COGNITIVE PROCESS-
  ING TAKEN AS NORMS OF REGULAR EDUCATION IN AREAS SUCH AS, BUT NOT LIMIT-
  ED TO:  SPECIFIC ACADEMICS, GENERAL  INTELLECTUAL  ABILITY,  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 DISOR-
  DERS, PHYSICAL DISABILITIES, AUTISM SPECTRUM, OR  OTHER  HEALTH  IMPAIR-
  MENTS,  SUCH  AS  ADHD.   SUCH DEFINITION SHALL INCLUDE THOSE PUPILS WHO
  REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMALLY  PROVIDED
  BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL POTENTIAL.
    (I) FOR THE PURPOSE OF THIS ARTICLE, THE TERMS "DISABILITY" AND "DISA-
  BLED" SHALL MEAN A CHILD:

    A.  WITH  HEARING IMPAIRMENTS (INCLUDING DEAFNESS), SPEECH OR LANGUAGE
  IMPAIRMENTS,  VISUAL  IMPAIRMENTS   (INCLUDING   BLINDNESS),   EMOTIONAL
  DISTURBANCE,   ORTHOPEDIC  IMPAIRMENTS,  OTHER  HEALTH  IMPAIRMENTS,  OR
  SPECIFIC LEARNING DISABILITIES; AND
    B. WHO,  BY  REASON  THEREOF,  NEEDS  SPECIAL  EDUCATION  AND  RELATED
  SERVICES WITHIN A GIFTED PROGRAM.
    (II)  FOR  PURPOSES OF THIS ARTICLE, THE TERM "SPECIFIC LEARNING DISA-
  BILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC PSYCHOLOGICAL PROC-
  ESSES INVOLVED IN UNDERSTANDING OR IN USING LANGUAGE, SPOKEN OR WRITTEN,
  WHICH DISORDER MAY MANIFEST ITSELF IN THE IMPERFECT ABILITY  TO  LISTEN,
  THINK, SPEAK, READ, WRITE, SPELL, OR DO MATHEMATICAL CALCULATIONS.

 S. 1273                             3

    S  6. Paragraphs c, d, e and f of subdivision 1 of section 4452 of the
  education law are REPEALED and five new paragraphs c, d, e, f and g  are
  added to read as follows:

    C.  PRIOR TO PAYMENT OF STATE FUNDS FOR EDUCATION OF GIFTED PUPILS AND
  TWICE-EXCEPTIONAL PUPILS, A SCHOOL DISTRICT SHALL SUBMIT TO THE  COMMIS-
  SIONER  A  SUMMARY  PLAN  FOR THE IDENTIFICATION AND EDUCATION OF GIFTED
  PUPILS AND TWICE-EXCEPTIONAL PUPILS. THE  PLAN  SHALL  BE  IN  FORM  AND
  CONTENT AS PRESCRIBED BY THE COMMISSIONER.
    D.  UPON  ACCEPTANCE  BY A LOCAL SCHOOL DISTRICT OF THE APPORTIONMENTS
  MADE UNDER SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SUCH  DISTRICT
  SHALL  USE  SUCH FUNDING IN ACCORDANCE WITH GUIDELINES TO BE ESTABLISHED
  BY THE COMMISSIONER FOR SERVICES TO GIFTED PUPILS AND  TWICE-EXCEPTIONAL
  PUPILS.    SUCH SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO IDENTIFICA-
  TION, INSTRUCTIONAL PROGRAMS, COUNSELING PLANNING, IN-SERVICE  EDUCATION
  AND  PROGRAM  EVALUATION. A BOARD OF EDUCATION MAY CONTRACT WITH ANOTHER
  DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  TO  PROVIDE  THE
  PROGRAM  AND/OR  SERVICES  WITH  THE  APPROVAL OF THE COMMISSIONER UNDER
  GUIDELINES ESTABLISHED BY THE COMMISSIONER.
    E. THE IDENTIFICATION OF PUPILS FOR  PARTICIPATION  IN  EITHER  GIFTED
  PROGRAMS  OR  TWICE-EXCEPTIONAL PROGRAMS FUNDED UNDER THIS CHAPTER SHALL
  COMMENCE THROUGH THE REFERRAL OF A PARENT, TEACHER OR ADMINISTRATOR.
    F. UPON REFERRAL OF A PUPIL  FOR  PARTICIPATION  IN  EITHER  A  GIFTED
  PROGRAM  OR  TWICE-EXCEPTIONAL  PROGRAM  FUNDED  UNDER THIS CHAPTER, THE
  SCHOOL DISTRICT SHALL SO INFORM THE PARENT OR GUARDIAN OF  SUCH  PUPIL'S
  REFERRAL AND SHALL SEEK THEIR APPROVAL TO ADMINISTER DIAGNOSTIC TESTS OR
  OTHER  EVALUATION  MECHANISMS  RELATED  TO THE PROGRAM OBJECTIVES OF THE
  DISTRICT IN ORDER TO DETERMINE ELIGIBILITY  FOR  PARTICIPATION  IN  SUCH
  GIFTED  OR  TWICE-EXCEPTIONAL  PROGRAM. FAILING TO RECEIVE APPROVAL, THE
  CHILD SHALL NOT BE TESTED, EVALUATED OR PARTICIPATE IN THE  PROGRAM.  IN
  NO  CASE  SHALL  THE  PARENT, GUARDIAN OR PUPIL BE CHARGED A FEE FOR THE
  ADMINISTRATION OF SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS.
    G. THE PARENT OR GUARDIAN OF A PUPIL DESIGNATED AS GIFTED OR TWICE-EX-
  CEPTIONAL SHALL BE INFORMED BY  THE  LOCAL  SCHOOL  AUTHORITIES  OF  THE
  PUPIL'S  PLACEMENT  IN  SUCH  GIFTED OR TWICE-EXCEPTIONAL PROGRAM FUNDED
  UNDER THIS CHAPTER.
    S 7. Section 4453 of the education law is REPEALED and a  new  section
  4453 is added to read as follows:

    S  4453.  ADVISORY  COUNCIL ON THE EDUCATION OF GIFTED PUPILS. 1.  THE
  COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT AN  ADVISORY  COUNCIL
  ON  THE  EDUCATION  OF GIFTED AND TWICE-EXCEPTIONAL PUPILS. SUCH COUNCIL
  SHALL ASSIST AND ADVISE THE COMMISSIONER AND HIS DESIGNEES WITH  RESPECT
  TO  POLICIES  AND  PROCEDURES  RELATING  TO  THE EDUCATION OF GIFTED AND
  TWICE-EXCEPTIONAL PUPILS AND PROGRAMS ASSOCIATED THEREWITH.
    2. SUCH ADVISORY COUNCIL APPOINTED BY THE COMMISSIONER  SHALL  CONSIST
  OF  AT LEAST TEN MEMBERS, WHO ARE DIRECTLY CONCERNED WITH GENERAL EDUCA-
  TION AND DISABLED GIFTED PUPILS OR WHO HAVE SPECIALIZED IN THE EDUCATION
  OF SUCH PUPILS, PROVIDED,  HOWEVER  THAT  SUCH  ADVISORY  COUNCIL  SHALL
  INCLUDE  AT  LEAST  A  PLURALITY  OF  PARENTS  OF SUCH PUPILS, INCLUDING
  PARENTS OF THOSE TWICE-EXCEPTIONAL PUPILS. THE MEMBERS  SHALL  BE  RESI-
  DENTS  OF  THIS STATE AND SHALL BE SELECTED ON THE BASIS OF THEIR COMPE-
  TENCE, CONCERN, AND PROFESSIONAL ACTIVITY IN THE EDUCATION OF GIFTED AND
  TWICE-EXCEPTIONAL PUPILS.
    3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES EACH YEAR AT A
  LOCATION TO BE DETERMINED BY  THE  COMMISSIONER.  THE  ADVISORY  COUNCIL
  SHALL REPORT AT LEAST BIANNUALLY TO THE COMMISSIONER.

 S. 1273                             4

    S 8. This act shall take effect April 1, 2012; 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 effec-
  tive date is authorized to be made and completed on or before such date.