S T A T E   O F   N E W   Y O R K
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     S. 3814                                                  A. 3143
 
                        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 Education
 
 IN  ASSEMBLY  --  Introduced by M. of A. THIELE, JAFFEE, M. G. MILLER --
   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  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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07289-01-7

 S. 3814                             2                            A. 3143
 
 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
 district,  provided that such instruction is given to pupils enrolled in
 the public schools of such district.
   § 3. Section 4451 of the education law, as added by chapter 740 of the
 laws of 1982, is amended to read as follows:
   § 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, WHO ARE COMMONLY  REFERRED  TO  AS
 TWICE-EXCEPTIONAL STUDENTS, 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,  WHO  ARE  COMMONLY  REFERRED  TO  AS  TWICE-EXCEPTIONAL
 STUDENTS;
   2.  provide technical assistance and [inservice] IN-SERVICE education,
 PROFESSIONAL DEVELOPMENT AND PROGRAM EVALUATION for teachers and  admin-
 istrators;
   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, WHO ARE COMMONLY REFERRED
 TO AS TWICE-EXCEPTIONAL STUDENTS.
   § 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.
   § 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

 S. 3814                             3                            A. 3143
 
   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.
   §  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, GIFTED IEPS (GIEPS) DEVELOPED BY CERTIFIED
 GIFTED AND TALENTED LEARNING SPECIALISTS, COUNSELING, PLANNING,  IN-SER-
 VICE 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 COMMISSION-
 ER 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.
   § 7. Section 4453 of the education law is REPEALED and a  new  section
 4453 is added to read as follows:
   §  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

 S. 3814                             4                            A. 3143
 
 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.
   § 8. This act shall take effect April 1, 2018; 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 are authorized to be made and  completed  on  or  before  such
 date.