Amd §3004, rpld & add §3204 sub 2-b, §3208 sub 5 ¶d, Ed L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3141
SPONSOR: Thiele (MS) 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 train-
ing 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 offi-
cials 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 unde-
niably 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 intelli-
gent 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:
2015: S. 2922 - Referred to Senate Finance Committee / A. 4268 -
Referred to Assembly Education Committee.
2016: S. 2922 - Referred to Senate Finance Committee / A. 4268 -
Referred to Senate Education Committee.
FISCAL IMPLICATIONS:
This measure provides one million dollars ($1,000,000), or so much ther-
eof 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.
STATE OF NEW YORK
________________________________________________________________________
S. 3815 A. 3141
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 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:
1 Section 1. Section 3004 of the education law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. The commissioner shall prescribe regulations requiring that all
4 persons applying on or after the effective date of this subdivision for
5 a certificate or license valid for service as a classroom teacher, pupil
6 personnel service professional, school administrator or supervisor or
7 superintendent of schools, shall, in addition to all the other certif-
8 ication or licensing requirements, have completed three credits or more
9 of course work or training in the identification and education of gifted
10 and talented pupils including twice-exceptional pupils. "Twice-excep-
11 tional" shall mean those pupils who give evidence of the potential for
12 high cognitive processing capabilities commensurate with or contrary to
13 cognitive processing taken as norms of regular education in areas such
14 as, but not limited to: specific academics, general intellectual abili-
15 ty, creativity, leadership, and/or visual, spatial or performing arts;
16 and also give evidence of one or more disabilities as defined by federal
17 or state eligibility criteria such as, but not limited to, specific
18 learning disabilities, speech and language disorders,
19 emotional/behavioral disorders, physical disabilities, autism spectrum,
20 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
1 pupils who require educational programs or services beyond those normal-
2 ly provided by the regular school program in order to realize their full
3 potential. Such credit work or training shall be obtained from an
4 institution or provider which has been approved by the department to
5 provide such course work or training. Such regulations shall also
6 require that school districts and boards of cooperative educational
7 services include training for teachers and other certified or licensed
8 employees in identifying gifted and talented, including twice excep-
9 tional, students in their required professional development plans.
10 § 2. Subdivision 2-b of section 3204 of the education law is REPEALED
11 and a new subdivision 2-b is added to read as follows:
12 2-b. Instruction of possibly gifted pupils. a. The governing board of
13 any school district and any community school district is hereby directed
14 to provide every pupil who is diagnosed as "possibly gifted" with
15 instruction from a teacher who has had appropriate training in educating
16 gifted pupils.
17 b. All school districts shall provide acceleration opportunities for
18 pupils in the basic branches of study.
19 § 3. Paragraph d of subdivision 5 of section 3208 of the education law
20 is REPEALED and a new paragraph d is added to read as follows:
21 d. If such screening indicates a possibly gifted child, the name and
22 finding shall be reported to the superintendent of schools of such
23 district and to the parent or guardian of such child. Such notification
24 shall entitle the child to gifted IEPs (GIEPs) developed by certified
25 gifted and talented learning specialists, and to other services includ-
26 ing, but not limited to, differentiated instruction, contact time,
27 social and emotional support, academic guidance and counseling,
28 content-based acceleration, and instruction from a teacher who has had
29 appropriate training in educating gifted pupils, or alternative services
30 mutually agreeable to the school district and parent or guardian of such
31 child.
32 § 4. The sum of one million dollars ($1,000,000), or so much thereof
33 as may be necessary, is hereby appropriated to the department of educa-
34 tion out of any moneys in the state treasury in the general fund to the
35 credit of the state purposes fund, not otherwise appropriated, and made
36 immediately available, for the sole purpose of providing training for
37 teachers in providing education to possibly gifted, including twice-ex-
38 ceptional pupils in the public elementary schools. Such moneys shall be
39 payable on the audit and warrant of the comptroller on vouchers certi-
40 fied or approved by the commissioner of education in the manner
41 prescribed by law.
42 § 5. This act shall take effect on the one hundred twentieth day next
43 succeeding the date on which it shall have become a law; provided, that
44 effective immediately, the addition, amendment and/or repeal of any rule
45 or regulation necessary for the implementation of this act on its effec-
46 tive date are authorized and directed to be made and completed on or
47 before such effective date; and provided, however, that the amendments
48 to section 3208 of the education law made by section three of this act
49 shall not affect the expiration of such section and shall be deemed to
50 expire therewith.
