S T A T E O F N E W Y O R K ________________________________________________________________________ 5506 2011-2012 Regular Sessions I N A S S E M B L Y February 22, 2011 ___________ Introduced by M. of A. THIELE, JAFFEE -- Multi-Sponsored by -- M. of A. PHEFFER, SWEENEY, TOBACCO -- 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 21 PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMAL- 22 LY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL 23 POTENTIAL. SUCH CREDIT WORK OR TRAINING SHALL BE OBTAINED FROM AN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02016-01-1 A. 5506 2 1 INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE DEPARTMENT TO 2 PROVIDE SUCH COURSE WORK OR TRAINING. SUCH REGULATIONS SHALL ALSO 3 REQUIRE THAT SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL 4 SERVICES INCLUDE TRAINING FOR TEACHERS AND OTHER CERTIFIED OR LICENSED 5 EMPLOYEES IN IDENTIFYING GIFTED AND TALENTED, INCLUDING TWICE EXCEP- 6 TIONAL, STUDENTS IN THEIR REQUIRED PROFESSIONAL DEVELOPMENT PLANS. 7 S 2. Subdivision 2-b of section 3204 of the education law is REPEALED 8 and a new subdivision 2-b is added to read as follows: 9 2-B. INSTRUCTION OF POSSIBLY GIFTED PUPILS. A. THE GOVERNING BOARD OF 10 ANY SCHOOL DISTRICT AND ANY COMMUNITY SCHOOL DISTRICT IS HEREBY DIRECTED 11 TO PROVIDE EVERY PUPIL WHO IS DIAGNOSED AS "POSSIBLY GIFTED" WITH 12 INSTRUCTION FROM A TEACHER WHO HAS HAD APPROPRIATE TRAINING IN EDUCATING 13 GIFTED PUPILS. 14 B. ALL SCHOOL DISTRICTS SHALL PROVIDE ACCELERATION OPPORTUNITIES FOR 15 PUPILS IN GRADES ONE, THREE, FIVE AND EIGHT FOR PLACEMENT IN ACCELERATED 16 COURSES IN THE BASIC BRANCHES OF STUDY. 17 S 3. Paragraph d of subdivision 5 of section 3208 of the education law 18 is REPEALED and a new paragraph d is added to read as follows: 19 D. IF SUCH SCREENING INDICATES A POSSIBLY GIFTED CHILD, THE NAME AND 20 FINDING SHALL BE REPORTED TO THE SUPERINTENDENT OF SCHOOLS OF SUCH 21 DISTRICT AND TO THE PARENT OR GUARDIAN OF SUCH CHILD. SUCH NOTIFICATION 22 SHALL ENTITLE THE CHILD TO INSTRUCTION FROM A TEACHER WHO HAS HAD APPRO- 23 PRIATE TRAINING IN EDUCATING GIFTED PUPILS, OR ALTERNATIVE SERVICES 24 MUTUALLY AGREEABLE TO THE SCHOOL DISTRICT AND PARENT OR GUARDIAN OF SUCH 25 CHILD. 26 S 4. The sum of one million dollars ($1,000,000), or so much thereof 27 as may be necessary, is hereby appropriated to the department of educa- 28 tion out of any moneys in the state treasury in the general fund to the 29 credit of the state purposes fund, not otherwise appropriated, and made 30 immediately available, for the sole purpose of providing training for 31 teachers in providing education to possibly gifted, including twice-ex- 32 ceptional pupils in the public elementary schools. Such moneys shall be 33 payable on the audit and warrant of the comptroller on vouchers certi- 34 fied or approved by the commissioner of education in the manner 35 prescribed by law. 36 S 5. This act shall take effect on the one hundred twentieth day next 37 succeeding the date on which it shall have become a law; provided, that 38 effective immediately, the addition, amendment and/or repeal of any rule 39 or regulation necessary for the implementation of this act on its effec- 40 tive date are authorized and directed to be made and completed on or 41 before such effective date provided, however, that the amendments to 42 section 3208 of the education law made by section three of this act 43 shall not affect the expiration of such section and shall be deemed to 44 expire therewith.