Bill Text: NY A04268 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2016-01-06 - referred to education [A04268 Detail]

Download: New_York-2015-A04268-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2922                                                  A. 4268
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 30, 2015
                                      ___________
       IN  SENATE  --  Introduced  by  Sens. ADDABBO, SAMPSON -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Finance
       IN  ASSEMBLY  --  Introduced by M. of A. THIELE, AUBRY, JAFFEE -- Multi-
         Sponsored by -- M. of  A.  MAGNARELLI,  McDONOUGH  --  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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07783-01-5
       S. 2922                             2                            A. 4268
    1  OR OTHER HEALTH IMPAIRMENTS, SUCH AS ADHD. SUCH TERM SHALL INCLUDE THOSE
    2  PUPILS WHO REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMAL-
    3  LY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL
    4  POTENTIAL.    SUCH  CREDIT  WORK  OR  TRAINING SHALL BE OBTAINED FROM AN
    5  INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED  BY  THE  DEPARTMENT  TO
    6  PROVIDE  SUCH  COURSE  WORK  OR  TRAINING.  SUCH  REGULATIONS SHALL ALSO
    7  REQUIRE THAT SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL
    8  SERVICES  INCLUDE  TRAINING FOR TEACHERS AND OTHER CERTIFIED OR LICENSED
    9  EMPLOYEES IN IDENTIFYING GIFTED AND  TALENTED,  INCLUDING  TWICE  EXCEP-
   10  TIONAL, STUDENTS IN THEIR REQUIRED PROFESSIONAL DEVELOPMENT PLANS.
   11    S  2. Subdivision 2-b of section 3204 of the education law is REPEALED
   12  and a new subdivision 2-b is added to read as follows:
   13    2-B. INSTRUCTION OF POSSIBLY GIFTED PUPILS. A. THE GOVERNING BOARD  OF
   14  ANY SCHOOL DISTRICT AND ANY COMMUNITY SCHOOL DISTRICT IS HEREBY DIRECTED
   15  TO  PROVIDE  EVERY  PUPIL  WHO  IS  DIAGNOSED  AS "POSSIBLY GIFTED" WITH
   16  INSTRUCTION FROM A TEACHER WHO HAS HAD APPROPRIATE TRAINING IN EDUCATING
   17  GIFTED PUPILS.
   18    B. ALL SCHOOL DISTRICTS SHALL PROVIDE ACCELERATION  OPPORTUNITIES  FOR
   19  PUPILS IN THE BASIC BRANCHES OF STUDY.
   20    S 3. Paragraph d of subdivision 5 of section 3208 of the education law
   21  is REPEALED and a new paragraph d is added to read as follows:
   22    D.  IF  SUCH SCREENING INDICATES A POSSIBLY GIFTED CHILD, THE NAME AND
   23  FINDING SHALL BE REPORTED TO  THE  SUPERINTENDENT  OF  SCHOOLS  OF  SUCH
   24  DISTRICT  AND TO THE PARENT OR GUARDIAN OF SUCH CHILD. SUCH NOTIFICATION
   25  SHALL ENTITLE THE CHILD TO GIFTED IEPS (GIEPS)  DEVELOPED  BY  CERTIFIED
   26  GIFTED  AND TALENTED LEARNING SPECIALISTS, AND TO OTHER SERVICES INCLUD-
   27  ING, BUT NOT  LIMITED  TO,  DIFFERENTIATED  INSTRUCTION,  CONTACT  TIME,
   28  SOCIAL   AND   EMOTIONAL  SUPPORT,  ACADEMIC  GUIDANCE  AND  COUNSELING,
   29  CONTENT-BASED ACCELERATION, AND INSTRUCTION FROM A TEACHER WHO  HAS  HAD
   30  APPROPRIATE TRAINING IN EDUCATING GIFTED PUPILS, OR ALTERNATIVE SERVICES
   31  MUTUALLY AGREEABLE TO THE SCHOOL DISTRICT AND PARENT OR GUARDIAN OF SUCH
   32  CHILD.
   33    S  4.  The sum of one million dollars ($1,000,000), or so much thereof
   34  as may be necessary, is hereby appropriated to the department of  educa-
   35  tion  out of any moneys in the state treasury in the general fund to the
   36  credit of the state purposes fund, not otherwise appropriated, and  made
   37  immediately  available,  for  the sole purpose of providing training for
   38  teachers in providing education to possibly gifted, including  twice-ex-
   39  ceptional  pupils in the public elementary schools. Such moneys shall be
   40  payable on the audit and warrant of the comptroller on  vouchers  certi-
   41  fied  or  approved  by  the  commissioner  of  education  in  the manner
   42  prescribed by law.
   43    S 5. This act shall take effect on the one hundred twentieth day  next
   44  succeeding  the date on which it shall have become a law; provided, that
   45  effective immediately, the addition, amendment and/or repeal of any rule
   46  or regulation necessary for the implementation of this act on its effec-
   47  tive date are authorized and directed to be made  and  completed  on  or
   48  before  such  effective date; and provided, however, that the amendments
   49  to section 3208 of the education law made by section three of  this  act
   50  shall  not  affect the expiration of such section and shall be deemed to
   51  expire therewith.