S T A T E   O F   N E W   Y O R K
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     S. 3815                                                  A. 3141
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print-
   ed, 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,
 OR OTHER HEALTH IMPAIRMENTS, SUCH AS ADHD. SUCH TERM SHALL INCLUDE THOSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07291-01-7

 S. 3815                             2                            A. 3141
 
 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.
   § 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.
   § 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.
   § 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.
   §  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.