Relates to gifted and talented pupils with special needs; repealer

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 have been made in recent years by the United States government and other interested parties to classify pupils with proven evidence of high cognitive capabilities and disabilities, but because these efforts have largely remained fruitless, educational opportunities and placement in 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 Childhood, 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 performance, but who also have a disability that affects some aspect of learning" - 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, or emotionally disturbed or learning disabled, should have the option to apply for and be eligible for a special education and related services gifted program. If a pupil can demonstrate in his/her evaluation outstanding ability in one area (e.g., abstract reasoning, 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 Asperger's syndrome, reading, writing or math impairment-as in Dyslexia, Disgraphia or Discalculia, maladjustment disorders or attention deficit), that pupil should have an opportunity to improve

on his/her 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.

Legislative history

New bill.

Fiscal implications

Unknown. Appropriation of state funds shall take in account the education of both gifted pupils and twice-exceptional pupils, with the latter defining pupils who have shown evidence of high cognitive capabilities and have disabilities. In addition, this act calls for the education commissioner to establish an advisory council consisting of at least ten members on the education of gifted and twice-exceptional pupils.

Effective date

This act shall take effect April 1, 2011; 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 effective date is authorized to be made and completed on or before such date.