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

                                  5507

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by M. of A. THIELE -- Multi-Sponsored by -- M. of A. PHEFFER
  -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to  gifted  and  talented
  pupils  with  special  needs, and to repeal certain provisions of such
  law related thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of section 3602-c of the education law is
amended by adding a new paragraph g to read as follows:
  G. "TWICE-EXCEPTIONAL" 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 ABILITY,  CREATIVITY,  LEADERSHIP,  AND/OR  VISUAL,
SPATIAL  OR PERFORMING ARTS; AND ALSO GIVE EVIDENCE OF ONE OR MORE DISA-
BILITIES 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  NORMALLY PROVIDED BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REAL-
IZE THEIR FULL POTENTIAL.
  S 2. Paragraph a of subdivision 1 of section 3602-c of  the  education
law,  as  amended by chapter 474 of the laws of 2004, is amended to read
as follows:
  a. "Services" shall mean instruction in the areas  of  gifted  pupils,
TWICE-EXCEPTIONAL  PUPILS,  career  education and education for students
with  disabilities,  and  counseling,  psychological  and  social   work
services  related to such instruction provided during the regular school
year for pupils enrolled in a  nonpublic  school  located  in  a  school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01395-01-1

              

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district,  provided that such instruction is given to pupils enrolled in
the public schools of such district.
  S 3. Section 4451 of the education law, as added by chapter 740 of the
laws of 1982, is amended to read as follows:
  S 4451. Powers  of  the  department  with  respect  to  gifted pupils.
[Subject to the availability of funds, the] THE state education  depart-
ment  is  hereby  authorized  [and],  empowered  AND  DIRECTED to assist
districts in meeting the  educational  needs  EQUALLY  of  BOTH  GENERAL
EDUCATION AND DISABLED gifted pupils through the following:
  1.  provide  information to school districts concerning development of
programs, curriculum resources, instructional procedures and  strategies
to  identify  and  encourage EQUALLY BOTH GENERAL EDUCATION AND DISABLED
gifted pupils;
  2. provide technical assistance and [inservice]  IN-SERVICE  education
for teachers and administrators;
  3.  maintain  a  record  of  programs  available, and make this record
available for public inspection;
  4. develop, maintain, and distribute a handbook for  parents  of  BOTH
GENERAL EDUCATION AND DISABLED gifted pupils.
  S  4.  The  opening  paragraph of subdivision 1 of section 4452 of the
education law, as added by chapter 740 of the laws of 1982,  is  amended
to read as follows:
  In  order to provide for educational programs to meet special needs of
gifted pupils, the commissioner is hereby  authorized  AND  DIRECTED  to
make   recommendations  to  school  districts  in  accordance  with  the
provisions of this subdivision and section  thirty-six  hundred  two  of
this chapter.
  S  5. Subdivision 1 of section 4452 of the education law is amended by
adding a new paragraph a-1 to read as follows:
  A-1. AS USED IN THIS ARTICLE, THE TERM "TWICE-EXCEPTIONAL" SHALL  MEAN
THOSE PUPILS WHO GIVE EVIDENCE OF THE POTENTIAL FOR HIGH COGNITIVE PROC-
ESSING  CAPABILITIES COMMENSURATE WITH OR CONTRARY TO COGNITIVE PROCESS-
ING TAKEN AS NORMS OF REGULAR EDUCATION IN AREAS SUCH AS, BUT NOT LIMIT-
ED TO:  SPECIFIC ACADEMICS, GENERAL  INTELLECTUAL  ABILITY,  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 DISOR-
DERS, PHYSICAL DISABILITIES, AUTISM SPECTRUM, OR  OTHER  HEALTH  IMPAIR-
MENTS,  SUCH  AS  ADHD.   SUCH DEFINITION SHALL INCLUDE THOSE PUPILS WHO
REQUIRE EDUCATIONAL PROGRAMS OR SERVICES BEYOND THOSE NORMALLY  PROVIDED
BY THE REGULAR SCHOOL PROGRAM IN ORDER TO REALIZE THEIR FULL POTENTIAL.
  (I) FOR THE PURPOSE OF THIS ARTICLE, THE TERMS "DISABILITY" AND "DISA-
BLED" SHALL MEAN A CHILD:
  A.  WITH  HEARING IMPAIRMENTS (INCLUDING DEAFNESS), SPEECH OR LANGUAGE
IMPAIRMENTS,  VISUAL  IMPAIRMENTS   (INCLUDING   BLINDNESS),   EMOTIONAL
DISTURBANCE,   ORTHOPEDIC  IMPAIRMENTS,  OTHER  HEALTH  IMPAIRMENTS,  OR
SPECIFIC LEARNING DISABILITIES; AND
  B. WHO,  BY  REASON  THEREOF,  NEEDS  SPECIAL  EDUCATION  AND  RELATED
SERVICES WITHIN A GIFTED PROGRAM.
  (II)  FOR  PURPOSES OF THIS ARTICLE, THE TERM "SPECIFIC LEARNING DISA-
BILITY" MEANS A DISORDER IN ONE OR MORE OF THE BASIC PSYCHOLOGICAL PROC-
ESSES INVOLVED IN UNDERSTANDING OR IN USING LANGUAGE, SPOKEN OR WRITTEN,
WHICH DISORDER MAY MANIFEST ITSELF IN THE IMPERFECT ABILITY  TO  LISTEN,
THINK, SPEAK, READ, WRITE, SPELL, OR DO MATHEMATICAL CALCULATIONS.

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  S  6. Paragraphs c, d, e and f of subdivision 1 of section 4452 of the
education law are REPEALED and five new paragraphs c, d, e, f and g  are
added to read as follows:
  C.  PRIOR TO PAYMENT OF STATE FUNDS FOR EDUCATION OF GIFTED PUPILS AND
TWICE-EXCEPTIONAL PUPILS, A SCHOOL DISTRICT SHALL SUBMIT TO THE  COMMIS-
SIONER  A  SUMMARY  PLAN  FOR THE IDENTIFICATION AND EDUCATION OF GIFTED
PUPILS AND TWICE-EXCEPTIONAL PUPILS. THE  PLAN  SHALL  BE  IN  FORM  AND
CONTENT AS PRESCRIBED BY THE COMMISSIONER.
  D.  UPON  ACCEPTANCE  BY A LOCAL SCHOOL DISTRICT OF THE APPORTIONMENTS
MADE UNDER SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SUCH  DISTRICT
SHALL  USE  SUCH FUNDING IN ACCORDANCE WITH GUIDELINES TO BE ESTABLISHED
BY THE COMMISSIONER FOR SERVICES TO GIFTED PUPILS AND  TWICE-EXCEPTIONAL
PUPILS.    SUCH SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO IDENTIFICA-
TION, INSTRUCTIONAL PROGRAMS, COUNSELING PLANNING, IN-SERVICE  EDUCATION
AND  PROGRAM  EVALUATION. A BOARD OF EDUCATION MAY CONTRACT WITH ANOTHER
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  TO  PROVIDE  THE
PROGRAM  AND/OR  SERVICES  WITH  THE  APPROVAL OF THE COMMISSIONER UNDER
GUIDELINES ESTABLISHED BY THE COMMISSIONER.
  E. THE IDENTIFICATION OF PUPILS FOR  PARTICIPATION  IN  EITHER  GIFTED
PROGRAMS  OR  TWICE-EXCEPTIONAL PROGRAMS FUNDED UNDER THIS CHAPTER SHALL
COMMENCE THROUGH THE REFERRAL OF A PARENT, TEACHER OR ADMINISTRATOR.
  F. UPON REFERRAL OF A PUPIL  FOR  PARTICIPATION  IN  EITHER  A  GIFTED
PROGRAM  OR  TWICE-EXCEPTIONAL  PROGRAM  FUNDED  UNDER THIS CHAPTER, THE
SCHOOL DISTRICT SHALL SO INFORM THE PARENT OR GUARDIAN OF  SUCH  PUPIL'S
REFERRAL AND SHALL SEEK THEIR APPROVAL TO ADMINISTER DIAGNOSTIC TESTS OR
OTHER  EVALUATION  MECHANISMS  RELATED  TO THE PROGRAM OBJECTIVES OF THE
DISTRICT IN ORDER TO DETERMINE ELIGIBILITY  FOR  PARTICIPATION  IN  SUCH
GIFTED  OR  TWICE-EXCEPTIONAL  PROGRAM. FAILING TO RECEIVE APPROVAL, THE
CHILD SHALL NOT BE TESTED, EVALUATED OR PARTICIPATE IN THE  PROGRAM.  IN
NO  CASE  SHALL  THE  PARENT, GUARDIAN OR PUPIL BE CHARGED A FEE FOR THE
ADMINISTRATION OF SUCH DIAGNOSTIC TESTS OR OTHER EVALUATION MECHANISMS.
  G. THE PARENT OR GUARDIAN OF A PUPIL DESIGNATED AS GIFTED OR TWICE-EX-
CEPTIONAL SHALL BE INFORMED BY  THE  LOCAL  SCHOOL  AUTHORITIES  OF  THE
PUPIL'S  PLACEMENT  IN  SUCH  GIFTED OR TWICE-EXCEPTIONAL PROGRAM FUNDED
UNDER THIS CHAPTER.
  S 7. Section 4453 of the education law is REPEALED and a  new  section
4453 is added to read as follows:
  S  4453.  ADVISORY  COUNCIL ON THE EDUCATION OF GIFTED PUPILS. 1.  THE
COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT AN  ADVISORY  COUNCIL
ON  THE  EDUCATION  OF GIFTED AND TWICE-EXCEPTIONAL PUPILS. SUCH COUNCIL
SHALL ASSIST AND ADVISE THE COMMISSIONER AND HIS DESIGNEES WITH  RESPECT
TO  POLICIES  AND  PROCEDURES  RELATING  TO  THE EDUCATION OF GIFTED AND
TWICE-EXCEPTIONAL PUPILS AND PROGRAMS ASSOCIATED THEREWITH.
  2. SUCH ADVISORY COUNCIL APPOINTED BY THE COMMISSIONER  SHALL  CONSIST
OF  AT LEAST TEN MEMBERS, WHO ARE DIRECTLY CONCERNED WITH GENERAL EDUCA-
TION AND DISABLED GIFTED PUPILS OR WHO HAVE SPECIALIZED IN THE EDUCATION
OF SUCH PUPILS, PROVIDED,  HOWEVER  THAT  SUCH  ADVISORY  COUNCIL  SHALL
INCLUDE  AT  LEAST  A  PLURALITY  OF  PARENTS  OF SUCH PUPILS, INCLUDING
PARENTS OF THOSE TWICE-EXCEPTIONAL PUPILS. THE MEMBERS  SHALL  BE  RESI-
DENTS  OF  THIS STATE AND SHALL BE SELECTED ON THE BASIS OF THEIR COMPE-
TENCE, CONCERN, AND PROFESSIONAL ACTIVITY IN THE EDUCATION OF GIFTED AND
TWICE-EXCEPTIONAL PUPILS.
  3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES EACH YEAR AT A
LOCATION TO BE DETERMINED BY  THE  COMMISSIONER.  THE  ADVISORY  COUNCIL
SHALL REPORT AT LEAST BIANNUALLY TO THE COMMISSIONER.

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  S 8. This act shall take effect April 1, 2012; provided, however, 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 is authorized to be made and completed on or before such date.