NY State Senate Bill 2009-S6287

Senate Bill S6287

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2010	print number 6287a
Jan 29, 2010	amend and recommit to finance
Jan 06, 2010	referred to finance
Nov 13, 2009	referred to finance

Bill Amendments

Original

A (Active)

2009-S6287 - Details

See Assembly Version of this Bill:: A6989
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Amd §3004, rpld & add §3204 sub 2-b, §3208 sub 5 ¶d, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1272, A5506
2013-2014: S1874, A1524
2015-2016: S2922, A4268
2017-2018: S3815, A3141

2009-S6287 - Summary

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.

2009-S6287 - Sponsor Memo

                                 BILL NUMBER:  S6287

 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 provides start-up funding for such training; repealer;
appropriation.

 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 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(5)(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 important that our education system is able to meet the needs of
its brightest students, so 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 :
New bill.

 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; provided, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective 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.

2009-S6287 - Bill Text download pdf

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

                                  6287

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 13, 2009
                               ___________

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. 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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03206-03-9

S. 6287                             2

  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 pupils in the  public
elementary  schools.  Such  moneys  shall  be  payable  on the audit and
warrant of the comptroller on vouchers  certified  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.

2009-S6287A (ACTIVE) - Details

See Assembly Version of this Bill:: A6989
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Amd §3004, rpld & add §3204 sub 2-b, §3208 sub 5 ¶d, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1272, A5506
2013-2014: S1874, A1524
2015-2016: S2922, A4268
2017-2018: S3815, A3141

2009-S6287A (ACTIVE) - Summary

2009-S6287A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6287A

 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 provides start-up funding for such training; repealer;
appropriation.

 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(5)(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 important that our education system is able to meet the needs of
its brightest students, so 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 :
New bill.

 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.

2009-S6287A (ACTIVE) - Bill Text download pdf

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

                                 6287--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 13, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03206-04-0

S. 6287--A                          2

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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