Requires that school districts establish a gifted and talented program for gifted and twice-exceptional pupils; establishes guidelines as to the development of such programs and the identification of gifted and twice-exceptional pupils.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3142
SPONSOR: Thiele (MS)
 
TITLE OF BILL: An act to amend the education law, in relation to
requiring school districts to establish programs for gifted and twice-
exceptional pupils
 
PURPOSE:
The purpose of this legislation, is to add a gifted program into every
school district in the state.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: A new section 4454 is added to the education law.
Section 2: Effective date.
 
JUSTIFICATION:
This legislation would require every school district in the State to
establish a gifted and talented program for pupils who meet the criteria
established in the Education Law. Also required of school districts is
the establishment of an ongoing identification process for gifted
students starting in kindergarten and continuing until the twelfth
grade.
New York State is one of only eight states that fail to mandate Gifted
Education and for providence of dedicated funding for Gifted Education.
Currently, there is an inequity of sufficient appropriate educational
opportunities for gifted students across the state: Some urban and weal-
thy suburban districts provide sufficient appropriate education to gift-
ed and twice exceptional students; many rural and urban districts fail
to provide these opportunities.
By offering gifted and talented students an appropriate education, New
York State makes itself more attractive for new high technology indus-
tries looking for a highly educated work force.
 
LEGISLATIVE HISTORY:
2015-2016: S. 2923 Referred to Senate Education Committee.
2015-2016: A. 4265 Referred to Assembly Education Committee.
 
FISCAL IMPLICATIONS:
While some school districts in the state currently have a gifted and
talented program, there are many who do not. The fiscal implications are
yet to be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
S. 3812 A. 3142
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, AUBRY, JAFFEE, TITONE --
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 requiring school
districts to establish programs for gifted and twice-exceptional
pupils
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 4454
2 to read as follows:
3 § 4454. Gifted and talented program. 1. Each school district in this
4 state shall establish a district-wide gifted and talented program for
5 pupils who meet the criteria established in subdivision one of section
6 forty-four hundred fifty-two of this article, and shall be responsible
7 for ensuring that appropriate instructional adaptations including, but
8 not limited to gifted IEPs (GIEPs) developed by certified gifted and
9 talented learning specialists, differentiated instruction, contact time,
10 social and emotional support, academic guidance and counseling, and
11 content-based acceleration, are designed and delivered for such pupils.
12 2. Each school district shall establish an ongoing identification
13 process for gifted pupils, including twice-exceptional pupils, initiated
14 in pre-kindergarten and reviewed annually through grade twelve. The
15 school district shall ensure that the identification methodology employs
16 multifaceted criteria consistent with recommended practices in the
17 field, and is developmentally appropriate, non-discriminatory, and
18 related to the programs and services offered.
19 3. The department shall provide each school district with curriculum
20 frameworks which shall suggest a variety of activities and strategies
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07293-01-7
S. 3812 2 A. 3142
1 that may assist in the development of local curricula for gifted and
2 twice-exceptional pupils. Such frameworks shall address adaptations
3 that are educationally challenging for gifted and twice-exceptional
4 pupils in core subject areas as identified by the department.
5 4. In addition, the school boards of each school district shall
6 provide professional development and program evaluation, differentiated
7 instruction, contact time, social and emotional support, academic guid-
8 ance and counseling, and content-based acceleration, and encourage the
9 active involvement of representatives from the community, business,
10 industry, labor, and higher education in the development of the gifted
11 and talented program.
12 § 2. This act shall take effect on the first of July next succeeding
13 the date on which it shall have become a law; provided, however, that
14 the commissioner of education is authorized to promulgate any rules and
15 regulations necessary for the effective implementation of this act on or
16 before such date.