S T A T E   O F   N E W   Y O R K
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    S. 1874--A                                            A. 1524--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print-
  ed,  and  when  printed to be committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE, AUBRY, JAFFEE, MAISEL --
  Multi-Sponsored by -- M. of A.  MAGNARELLI, McDONOUGH, SWEENEY -- read
  once  and  referred  to  the  Committee  on  Education  --   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;

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

                                                           LBD04500-02-3

S. 1874--A                          2                         A. 1524--A

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
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 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 GIFTED IEPS (GIEPS) DEVELOPED BY CERTIFIED
GIFTED AND TALENTED LEARNING SPECIALISTS, AND TO OTHER SERVICES  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  DIFFERENTIATED  INSTRUCTION, CONTACT TIME,
SOCIAL  AND  EMOTIONAL  SUPPORT,  ACADEMIC  GUIDANCE   AND   COUNSELING,
CONTENT-BASED  ACCELERATION,  AND INSTRUCTION FROM A TEACHER WHO HAS HAD
APPROPRIATE 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; and 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.