NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3143
SPONSOR: Thiele (MS) TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL:
To address the unrecognized and underserved gifted and talented children
with special needs in New York City public schools and public schools
throughout the State of New York.
SUMMARY OF SPECIFIC PROVISIONS:
Amendments are made to the Education law (Section 3602-c; Section 4451;
Section 4452). Repeals paragraphs c, d, e and f of subdivision 1 of
Section 4452 of the Education Law and new paragraphs c, d, e, f and g
are added. Repeals Section 4453 of the Education Law and a new Section
4453 is added.
EXISTING LAW:
Dictates educational programs and/or services are available for children
who require extraordinary learning, but neglects and excludes children
with special needs who require advanced learning.
JUSTIFICATION:
Prior efforts had been made in recent years by the United States govern-
ment and other interested parties to classify pupils with disabilities
and proven evidence of high cognitive capabilities, but because these
efforts have largely remained fruitless, educational opportunities and
placement in to gifted programs are being denied for pupils with special
needs.
Two current pieces of federal education legislation had sought to
address this issue: The Gifted and Talented Students Act of 2007 and the
Talented Students Education Act of 2001. The Gifted and Talented
Students Act of 2007 was referred to the subcommittee on Early Child-
hood, Elementary, and Secondary Education on September 11, 2007 where it
remained and did not move further. The Talented Students Education Act
of 2001 did not move out of its respective committee, as well. Although
the proposed legislative pieces would have created funding for research,
demonstration projects, innovative strategies and direct education
services and materials to gifted and talented students, it did not
compel service to the twice-exceptional in any school district in any
state.
In 2006, the National Education Association explained in their manual
THE TWICE EXCEPTIONAL DILEMMA that twice-exceptional students "students
who have outstanding gifts or talents and are capable of high perform-
ance, but who also have a disability that affects some aspect of learn-
ing" - are among the most frequently under-identified population in
public schools, and are thus underserved. The manual highlighted an
unnecessary problem for educators, parents, and students who must
continually ask themselves what service they would choose in addressing
one exceptionality or the other.
A pupil who is either hearing, speech, visually, orthopedic or health
impaired, as well as emotionally disturbed or learning disabled, should
have the option to apply for and be eligible for a special education
needs and related services gifted program. If a pupil can demonstrate in
their evaluation outstanding ability in one area (e.g., abstract reason-
ing, divergent thinking, vocal articulation, fine artistry-including
dance, a well above average ability to comprehend and articulate reading
content) over an area that affects learning (e.g., social cues-as in
Asberger's Syndrome, reading, writing or math impairment-as in Dyslexia,
Disgraphia or iscalculia, maladjustment disorders or attention deficit),
that pupil should have an opportunity to improve on their special gift
within an educational environment fully satisfying to their exceptional
needs and characteristics.
By enacting this bill, these under-identified pupils will be identified
and services will be made available for them. Doing so will not only
provide these students with a free and appropriate education, but also
it will serve society. By developing the gifts and talents of this
at-risk student Population, the education system will be generating a
valuable societal resource rather than creating a societal burden.
PRIOR LEGISLATIVE HISTORY:
2015: S. 2880 - Referred to Senate Education Committee / A. 4202 -
Referred to Assembly Education Committee.
2016: 2880A - Referred to Senate Education Committee / A. 4202A -
Referred to Assembly Education Committee.
FISCAL IMPLICATIONS:
Unknown. Appropriation of state funds shall take in account the educa-
tion of both gifted pupils and twice-exceptional pupils, with the latter
defining pupils who have disabilities and have shown evidence of high
cognitive capabilities. In addition, this act calls for the education
commissioner to establish an advisory council consisted of at least ten
members on the education of gifted and twice-exceptional pupils.
EFFECTIVE DATE:
This act shall take effect April 1, 2018; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date is authorized to be made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
S. 3814 A. 3143
2017-2018 Regular Sessions
SENATE - ASSEMBLY
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:
1 Section 1. Subdivision 1 of section 3602-c of the education law is
2 amended by adding a new paragraph g to read as follows:
3 g. "Twice-exceptional" shall mean those pupils who give evidence of
4 the potential for high cognitive processing capabilities commensurate
5 with or contrary to cognitive processing taken as norms of regular
6 education in areas such as, but not limited to: specific academics,
7 general intellectual ability, creativity, leadership, and/or visual,
8 spatial or performing arts; and also give evidence of one or more disa-
9 bilities as defined by federal or state eligibility criteria such as,
10 but not limited to, specific learning disabilities, speech and language
11 disorders, emotional/behavioral disorders, physical disabilities, autism
12 spectrum, or other health impairments, such as ADHD. Such term shall
13 include those pupils who require educational programs or services beyond
14 those normally provided by the regular school program in order to real-
15 ize their full potential.
16 § 2. Paragraph a of subdivision 1 of section 3602-c of the education
17 law, as amended by chapter 474 of the laws of 2004, is amended to read
18 as follows:
19 a. "Services" shall mean instruction in the areas of gifted pupils,
20 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
1 with disabilities, and counseling, psychological and social work
2 services related to such instruction provided during the regular school
3 year for pupils enrolled in a nonpublic school located in a school
4 district, provided that such instruction is given to pupils enrolled in
5 the public schools of such district.
6 § 3. Section 4451 of the education law, as added by chapter 740 of the
7 laws of 1982, is amended to read as follows:
8 § 4451. Powers of the department with respect to gifted pupils.
9 [Subject to the availability of funds, the] The state education depart-
10 ment is hereby authorized [and], empowered and directed to assist
11 districts in meeting the educational needs equally of both general
12 education and disabled gifted pupils, who are commonly referred to as
13 twice-exceptional students, through the following:
14 1. provide information to school districts concerning development of
15 programs, curriculum resources, instructional procedures and strategies
16 to identify and encourage equally both general education and disabled
17 gifted pupils, who are commonly referred to as twice-exceptional
18 students;
19 2. provide technical assistance and [inservice] in-service education,
20 professional development and program evaluation for teachers and admin-
21 istrators;
22 3. maintain a record of programs available, and make this record
23 available for public inspection;
24 4. develop, maintain, and distribute a handbook for parents of both
25 general education and disabled gifted pupils, who are commonly referred
26 to as twice-exceptional students.
27 § 4. The opening paragraph of subdivision 1 of section 4452 of the
28 education law, as added by chapter 740 of the laws of 1982, is amended
29 to read as follows:
30 In order to provide for educational programs to meet special needs of
31 gifted pupils, the commissioner is hereby authorized and directed to
32 make recommendations to school districts in accordance with the
33 provisions of this subdivision and section thirty-six hundred two of
34 this chapter.
35 § 5. Subdivision 1 of section 4452 of the education law is amended by
36 adding a new paragraph a-1 to read as follows:
37 a-1. As used in this article, the term "twice-exceptional" shall mean
38 those pupils who give evidence of the potential for high cognitive proc-
39 essing capabilities commensurate with or contrary to cognitive process-
40 ing taken as norms of regular education in areas such as, but not limit-
41 ed to: specific academics, general intellectual ability, creativity,
42 leadership, and/or visual, spatial or performing arts; and also give
43 evidence of one or more disabilities as defined by federal or state
44 eligibility criteria such as, but not limited to, specific learning
45 disabilities, speech and language disorders, emotional/behavioral disor-
46 ders, physical disabilities, autism spectrum, or other health impair-
47 ments, such as ADHD. Such definition shall include those pupils who
48 require educational programs or services beyond those normally provided
49 by the regular school program in order to realize their full potential.
50 (i) For the purpose of this article, the terms "disability" and "disa-
51 bled" shall mean a child:
52 A. with hearing impairments (including deafness), speech or language
53 impairments, visual impairments (including blindness), emotional
54 disturbance, orthopedic impairments, other health impairments, or
55 specific learning disabilities; and
S. 3814 3 A. 3143
1 B. who, by reason thereof, needs special education and related
2 services within a gifted program.
3 (ii) For purposes of this article, the term "specific learning disa-
4 bility" means a disorder in one or more of the basic psychological proc-
5 esses involved in understanding or in using language, spoken or written,
6 which disorder may manifest itself in the imperfect ability to listen,
7 think, speak, read, write, spell, or do mathematical calculations.
8 § 6. Paragraphs c, d, e and f of subdivision 1 of section 4452 of the
9 education law are REPEALED and five new paragraphs c, d, e, f and g are
10 added to read as follows:
11 c. Prior to payment of state funds for education of gifted pupils and
12 twice-exceptional pupils, a school district shall submit to the commis-
13 sioner a summary plan for the identification and education of gifted
14 pupils and twice-exceptional pupils. The plan shall be in form and
15 content as prescribed by the commissioner.
16 d. Upon acceptance by a local school district of the apportionments
17 made under section thirty-six hundred two of this chapter such district
18 shall use such funding in accordance with guidelines to be established
19 by the commissioner for services to gifted pupils and twice-exceptional
20 pupils. Such services shall include but not be limited to identifica-
21 tion, instructional programs, gifted IEPs (GIEPs) developed by certified
22 gifted and talented learning specialists, counseling, planning, in-ser-
23 vice education and program evaluation. A board of education may contract
24 with another district or board of cooperative educational services to
25 provide the program and/or services with the approval of the commission-
26 er under guidelines established by the commissioner.
27 e. The identification of pupils for participation in either gifted
28 programs or twice-exceptional programs funded under this chapter shall
29 commence through the referral of a parent, teacher or administrator.
30 f. Upon referral of a pupil for participation in either a gifted
31 program or twice-exceptional program funded under this chapter, the
32 school district shall so inform the parent or guardian of such pupil's
33 referral and shall seek their approval to administer diagnostic tests or
34 other evaluation mechanisms related to the program objectives of the
35 district in order to determine eligibility for participation in such
36 gifted or twice-exceptional program. Failing to receive approval, the
37 child shall not be tested, evaluated or participate in the program. In
38 no case shall the parent, guardian or pupil be charged a fee for the
39 administration of such diagnostic tests or other evaluation mechanisms.
40 g. The parent or guardian of a pupil designated as gifted or twice-ex-
41 ceptional shall be informed by the local school authorities of the
42 pupil's placement in such gifted or twice-exceptional program funded
43 under this chapter.
44 § 7. Section 4453 of the education law is REPEALED and a new section
45 4453 is added to read as follows:
46 § 4453. Advisory council on the education of gifted pupils. 1. The
47 commissioner shall establish within the department an advisory council
48 on the education of gifted and twice-exceptional pupils. Such council
49 shall assist and advise the commissioner and his designees with respect
50 to policies and procedures relating to the education of gifted and
51 twice-exceptional pupils and programs associated therewith.
52 2. Such advisory council appointed by the commissioner shall consist
53 of at least ten members, who are directly concerned with general educa-
54 tion and disabled gifted pupils or who have specialized in the education
55 of such pupils, provided, however that such advisory council shall
56 include at least a plurality of parents of such pupils, including
S. 3814 4 A. 3143
1 parents of those twice-exceptional pupils. The members shall be resi-
2 dents of this state and shall be selected on the basis of their compe-
3 tence, concern, and professional activity in the education of gifted and
4 twice-exceptional pupils.
5 3. The advisory council shall meet at least three times each year at a
6 location to be determined by the commissioner. The advisory council
7 shall report at least biannually to the commissioner.
8 § 8. This act shall take effect April 1, 2018; provided, however, that
9 effective immediately, the addition, amendment and/or repeal of any rule
10 or regulation necessary for the implementation of this act on its effec-
11 tive date are authorized to be made and completed on or before such
12 date.
