S T A T E   O F   N E W   Y O R K
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                                 3389--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  education  law, in relation to requiring school
  districts to  establish  programs  for  gifted  and  twice-exceptional
  pupils

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  4454
to read as follows:
  S  4454. GIFTED AND TALENTED PROGRAM.  1. EACH SCHOOL DISTRICT IN THIS
STATE SHALL ESTABLISH A DISTRICT-WIDE GIFTED AND  TALENTED  PROGRAM  FOR
PUPILS  WHO  MEET THE CRITERIA ESTABLISHED IN SUBDIVISION ONE OF SECTION
FORTY-FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE, AND SHALL  BE  RESPONSIBLE
FOR  ENSURING  THAT APPROPRIATE INSTRUCTIONAL ADAPTATIONS INCLUDING, BUT
NOT LIMITED TO GIFTED IEPS (GIEPS) DEVELOPED  BY  CERTIFIED  GIFTED  AND
TALENTED LEARNING SPECIALISTS, DIFFERENTIATED INSTRUCTION, CONTACT TIME,
SOCIAL  AND  EMOTIONAL  SUPPORT,  ACADEMIC  GUIDANCE AND COUNSELING, AND
CONTENT-BASED ACCELERATION, ARE DESIGNED AND DELIVERED FOR SUCH PUPILS.
  2. EACH SCHOOL DISTRICT  SHALL  ESTABLISH  AN  ONGOING  IDENTIFICATION
PROCESS FOR GIFTED PUPILS, INCLUDING TWICE-EXCEPTIONAL PUPILS, INITIATED
IN  PRE-KINDERGARTEN  AND  REVIEWED  ANNUALLY  THROUGH GRADE TWELVE. THE
SCHOOL DISTRICT SHALL ENSURE THAT THE IDENTIFICATION METHODOLOGY EMPLOYS
MULTIFACETED CRITERIA  CONSISTENT  WITH  RECOMMENDED  PRACTICES  IN  THE
FIELD,  AND  IS  DEVELOPMENTALLY  APPROPRIATE,  NON-DISCRIMINATORY,  AND
RELATED TO THE PROGRAMS AND SERVICES OFFERED.
  3. THE DEPARTMENT SHALL PROVIDE EACH SCHOOL DISTRICT  WITH  CURRICULUM
FRAMEWORKS  WHICH  SHALL  SUGGEST A VARIETY OF ACTIVITIES AND STRATEGIES
THAT MAY ASSIST IN THE DEVELOPMENT OF LOCAL  CURRICULA  FOR  GIFTED  AND
TWICE-EXCEPTIONAL  PUPILS.    SUCH  FRAMEWORKS SHALL ADDRESS ADAPTATIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08262-04-3
              

S. 3389--A                          2

THAT ARE EDUCATIONALLY  CHALLENGING  FOR  GIFTED  AND  TWICE-EXCEPTIONAL
PUPILS IN CORE SUBJECT AREAS AS IDENTIFIED BY THE DEPARTMENT.
  4.  IN  ADDITION,  THE  SCHOOL  BOARDS  OF  EACH SCHOOL DISTRICT SHALL
PROVIDE PROFESSIONAL DEVELOPMENT AND PROGRAM EVALUATION,  DIFFERENTIATED
INSTRUCTION,  CONTACT TIME, SOCIAL AND EMOTIONAL SUPPORT, ACADEMIC GUID-
ANCE AND COUNSELING, AND CONTENT-BASED ACCELERATION, AND  ENCOURAGE  THE
ACTIVE  INVOLVEMENT  OF  REPRESENTATIVES  FROM  THE COMMUNITY, BUSINESS,
INDUSTRY, LABOR, AND HIGHER EDUCATION IN THE DEVELOPMENT OF  THE  GIFTED
AND TALENTED PROGRAM.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law;  provided,  however,  that
the  commissioner of education is authorized to promulgate any rules and
regulations necessary for the effective implementation of this act on or
before such date.