S T A T E O F N E W Y O R K
________________________________________________________________________
4435
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. ESPAILLAT -- Multi-Sponsored by -- M. of A. TITUS
-- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring certain
school districts to establish programs for gifted pupils
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 4454
to read as follows:
S 4454. GIFTED AND TALENTED PROGRAM IN CITIES WITH A POPULATION OF ONE
MILLION OR MORE. 1. THIS SECTION SHALL APPLY TO EVERY SCHOOL DISTRICT
LOCATED IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. THE SCHOOL
DISTRICT SHALL ESTABLISH A DISTRICT-WIDE GIFTED AND TALENTED PROGRAM FOR
PUPILS WHO MEET THE CRITERIA ESTABLISHED IN SUBDIVISION ONE OF SECTION
FORTY-FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE, AND SHALL BE RESPONSIBLE
FOR ENSURING THAT APPROPRIATE INSTRUCTIONAL ADAPTATIONS ARE DESIGNED AND
DELIVERED FOR SUCH PUPILS.
2. THE SCHOOL DISTRICT SHALL ESTABLISH AN ONGOING IDENTIFICATION PROC-
ESS FOR GIFTED PUPILS INITIATED IN KINDERGARTEN AND REVIEWED ANNUALLY
THROUGH GRADE TWELVE. THE SCHOOL DISTRICT SHALL ENSURE THAT THE IDEN-
TIFICATION METHODOLOGY USED IS DEVELOPMENTALLY APPROPRIATE, NON-DISCRI-
MINATORY, AND RELATED TO THE PROGRAMS AND SERVICES OFFERED.
3. THE DEPARTMENT SHALL PROVIDE EACH SCHOOL DISTRICT WITH CURRICULUM
FRAMEWORKS WHICH SHALL SUGGEST A VARIETY OF ACTIVITIES AND STRATEGIES
THAT MAY ASSIST IN THE DEVELOPMENT OF LOCAL CURRICULA FOR GIFTED PUPILS.
SUCH FRAMEWORKS SHALL ADDRESS ADAPTATIONS THAT ARE EDUCATIONALLY CHAL-
LENGING FOR GIFTED PUPILS IN CORE SUBJECT AREAS AS IDENTIFIED BY THE
DEPARTMENT.
4. IN ADDITION, THE SCHOOL BOARDS OF EACH SUCH SCHOOL DISTRICT SHALL
ENCOURAGE THE ACTIVE INVOLVEMENT OF REPRESENTATIVES FROM THE COMMUNITY,
BUSINESS, INDUSTRY, LABOR, AND HIGHER EDUCATION IN THE DEVELOPMENT OF
THE GIFTED AND TALENTED PROGRAM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07778-01-9
A. 4435 2
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, however, that
the commissioner of education is authorized to promulgate any rules and
regulations necessary for the effective implementation of this act on or
before such date.