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

                                 4745--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced by M. of A. THIELE, AUBRY, JAFFEE, MAISEL, SCARBOROUGH, STEV-
  ENSON,  TITONE  --  Multi-Sponsored  by -- M. of A. JOHNS, MAGNARELLI,
  McDONOUGH -- 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  requiring  school
  districts  to  establish  programs  for  gifted  and twice-exceptional
  pupils

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

  Section  1.  The education law is amended by adding a new section 4454
to read as follows:
  S 4454. GIFTED AND TALENTED PROGRAM.  1. EACH SCHOOL DISTRICT IN  THIS
STATE  SHALL  ESTABLISH  A DISTRICT-WIDE GIFTED AND TALENTED PROGRAM FOR
PUPILS WHO MEET THE CRITERIA ESTABLISHED IN SUBDIVISION ONE  OF  SECTION
FORTY-FOUR  HUNDRED  FIFTY-TWO OF THIS ARTICLE, AND SHALL BE RESPONSIBLE
FOR ENSURING THAT APPROPRIATE INSTRUCTIONAL ADAPTATIONS  INCLUDING,  BUT
NOT  LIMITED  TO  GIFTED  IEPS (GIEPS) DEVELOPED BY CERTIFIED GIFTED AND
TALENTED LEARNING SPECIALISTS, DIFFERENTIATED INSTRUCTION, CONTACT TIME,
SOCIAL AND EMOTIONAL SUPPORT,  ACADEMIC  GUIDANCE  AND  COUNSELING,  AND
CONTENT-BASED ACCELERATION, ARE DESIGNED AND DELIVERED FOR SUCH PUPILS.
  2.  EACH  SCHOOL  DISTRICT  SHALL  ESTABLISH AN ONGOING IDENTIFICATION
PROCESS FOR GIFTED PUPILS, INCLUDING TWICE-EXCEPTIONAL PUPILS, INITIATED
IN PRE-KINDERGARTEN AND REVIEWED  ANNUALLY  THROUGH  GRADE  TWELVE.  THE
SCHOOL DISTRICT SHALL ENSURE THAT THE IDENTIFICATION METHODOLOGY EMPLOYS
MULTIFACETED  CRITERIA  CONSISTENT  WITH  RECOMMENDED  PRACTICES  IN THE
FIELD,  AND  IS  DEVELOPMENTALLY  APPROPRIATE,  NON-DISCRIMINATORY,  AND
RELATED TO THE PROGRAMS AND SERVICES OFFERED.
  3.  THE  DEPARTMENT SHALL PROVIDE EACH SCHOOL DISTRICT WITH CURRICULUM
FRAMEWORKS WHICH SHALL SUGGEST A VARIETY OF  ACTIVITIES  AND  STRATEGIES
THAT  MAY  ASSIST  IN  THE DEVELOPMENT OF LOCAL CURRICULA FOR GIFTED AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08262-05-3
              

A. 4745--A                          2

TWICE-EXCEPTIONAL PUPILS.   SUCH FRAMEWORKS  SHALL  ADDRESS  ADAPTATIONS
THAT  ARE  EDUCATIONALLY  CHALLENGING  FOR  GIFTED AND TWICE-EXCEPTIONAL
PUPILS IN CORE SUBJECT AREAS AS IDENTIFIED BY THE DEPARTMENT.
  4.  IN  ADDITION,  THE  SCHOOL  BOARDS  OF  EACH SCHOOL DISTRICT SHALL
PROVIDE PROFESSIONAL DEVELOPMENT AND PROGRAM EVALUATION,  DIFFERENTIATED
INSTRUCTION,  CONTACT TIME, SOCIAL AND EMOTIONAL SUPPORT, ACADEMIC GUID-
ANCE AND COUNSELING, AND CONTENT-BASED ACCELERATION, AND  ENCOURAGE  THE
ACTIVE  INVOLVEMENT  OF  REPRESENTATIVES  FROM  THE COMMUNITY, BUSINESS,
INDUSTRY, LABOR, AND HIGHER EDUCATION IN THE DEVELOPMENT OF  THE  GIFTED
AND TALENTED PROGRAM.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law;  provided,  however,  that
the  commissioner of education is authorized to promulgate any rules and
regulations necessary for the effective implementation of this act on or
before such date.