NY State Senate Bill 2011-S1272

Senate Bill S1272

2011-2012 Legislative Session

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

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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 04, 2012	referred to finance
Jan 06, 2011	referred to finance

co-Sponsors

2011-S1272 (ACTIVE) - Details

See Assembly Version of this Bill:: A5506
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:: 2009-2010: S6287, A6989
2013-2014: S1874, A1524
2015-2016: S2922, A4268
2017-2018: S3815, A3141

2011-S1272 (ACTIVE) - 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.

2011-S1272 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1272

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 are appropriated for start-up funding in regards to said training.

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(S) (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 imperative for our education system to be able to meet the needs
of its brightest students, so that 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:
2009-2010: S.6287 - Referred to Finance

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, with provisions.

2011-S1272 (ACTIVE) - Bill Text download pdf

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

                                  1272

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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 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
INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED  BY  THE  DEPARTMENT  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02016-01-1

S. 1272                             2

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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Senate Bill S1272

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Sponsored By

Joseph P. Addabbo Jr.