NY State Senate Bill 2015-S2922

Senate Bill S2922

2015-2016 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance
Jan 30, 2015	referred to finance

2015-S2922 (ACTIVE) - Details

See Assembly Version of this Bill:: A4268
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
2011-2012: S1272, A5506
2013-2014: S1874, A1524
2017-2018: S3815, A3141

2015-S2922 (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.

2015-S2922 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2922

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. Repeals § 3204(2-b) of education law to and adds a new

§ 3204(2-b) to require school districts to direct the governing board
of any school district and any community school district to provide

every pupil who is diagnosed as "possibly gifted" with instruction
from a teacher who has had appropriate training in educating gifted
pupils gifted students with instruction under a teacher with
appropriate training in educating gifted pupils. This section also
requires school districts to provide acceleration opportunities for
pupils in basic branches of study.

Section 3. Repeals § 3208 (d) of the education law and adds a new
3208 (d) to require that if diagnostic screening indicates a possibly
gifted child, the name and finding shall be reported to the
superintendent of schools of such district and to such child's parents
or guardian. Such notification shall entitle the child to Gifted
Individualized Education Programs (GIEPs) developed by certified
gifted and talented learning specialists and other services.

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 riot
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.

LEGISLATIVE HISTORY:

2013-14: A.1524-A/S.1874-A
2011-12: A.5506/S.1272
2009-10:  A.6989-B/S.6287-A
2007-08: A.1502-B
2006: A.10971

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.

2015-S2922 (ACTIVE) - Bill Text download pdf

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

    S. 2922                                                  A. 4268

                       2015-2016 Regular Sessions

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

                            January 30, 2015
                               ___________

IN  SENATE  --  Introduced  by  Sens. ADDABBO, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

IN  ASSEMBLY  --  Introduced by M. of A. THIELE, AUBRY, JAFFEE -- Multi-
  Sponsored by -- M. of  A.  MAGNARELLI,  McDONOUGH  --  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07783-01-5

S. 2922                             2                            A. 4268

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.

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