Relates to gifted and talented pupils with special needs; repealer

Summary of provisions

Amendments are made to the Education law (section 3602-C; section 4451; section 4452), and sections 4452 and 4453 of the Education law are repealed and replaced by new paragraphs.

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

Former U.S. Commissioner of Education Sidney P. Marland, Jr. stated in an August 1971 report to Congress the term "gifted and talented": "Gifted and talented children are those identified by professionally qualified persons who by virtue of outstanding abilities are capable of high performance. These are children who require differentiated educational programs and/or services beyond those normally provided by the regular school program in order to realize their contribution to self and society" (Marland, 1972). Recognized as twice-exceptionality by the U.S. Government and educational scholars, this class of individuals will evidently demonstrate high cognitive capabilities in one area, and high disabilities in the other.

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. Both proposed legislative pieces would create funding for research, demonstration projects, innovative strategies and direct education services and materials to gifted and talented students if they were to pass in their respective houses. In addition, 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.

As of June 2004, twenty-five states have enacted a definition of "gifted and talented education" from the State Legislature. New York is one of twenty-one additional states where an educational state agency has coined a term for gifted pupils.

In addition, New York state funding for Gifted and Talented Education has not been allocated since 2006. Previously for the years 2003-2004, and 2004-2005, approximately $15 million per year had been allocated for New York state in reference to funding for this initiative.

It is our belief that a pupil who is either hearing, speech, visually, orthopedic or health impaired, or emotionally disturbed or learning disabled, should have available 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 offered. 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

2009-2010: S.6216 - Referred to Education

Fiscal implications

To be determined.

Effective date

This act shall take effect on April 1, 2012.