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:

  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-
LY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL
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

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.