N.Y. Education Law § 4452: Guidelines and definition

§ 4452. Guidelines and definition. 1. In order to provide for

educational programs to meet special needs of gifted pupils, the

commissioner is hereby authorized to make recommendations to school

districts in accordance with the provisions of this subdivision and

section thirty-six hundred two of this chapter.

a. As used in this article, the term "gifted pupils" shall mean those

pupils who show evidence of high performance capability and exceptional

potential in areas such as general intellectual ability, special

academic aptitude and outstanding ability in visual and performing arts.

Such definition shall include those pupils who require educational

programs or services beyond those normally provided by the regular

school program in order to realize their full potential.

b. Prior to payment of state funds for education of gifted pupils, a

school district shall submit to the commissioner a summary plan for the

identification and education of gifted pupils. The plan shall be in

form and content as prescribed by the commissioner.

c. Upon acceptance by a local school district of the apportionments

made under section thirty-six hundred two of this chapter such district

shall use such funding in accordance with guidelines to be established

by the commissioner for services to gifted pupils. Such services shall

include but not be limited to identification, instructional programs,

planning, inservice education and program evaluation. A board of

education may contract with another district or board of cooperative

educational services to provide the program and/or services with the

approval of the commissioner under guidelines established by the

commissioner.

d. The identification of pupils for participation in gifted programs

funded under this chapter shall commence through the referral of a

parent, teacher, or administrator.

e. Upon referral of a pupil for participation in a gifted program

funded under this chapter, the school district shall so inform the

parent or guardian of such pupil's referral and shall seek their

approval to administer diagnostic tests or other evaluation mechanisms

related to the program objectives of the district in order to determine

eligibility for participation in such gifted program. Failing to receive

approval, the child shall not be tested, evaluated or participate in the

program. In no case shall the parent, guardian or pupil be charged a

fee for the administration of such diagnostic tests or other evaluation

mechanisms.

f. The parent or guardian of a pupil designated as gifted shall be

informed by the local school authorities of the pupil's placement in

such gifted program funded under this chapter.

2. The commissioner shall establish procedures for evaluation of the

quality and educational effectiveness of programs for gifted pupils.