S T A T E O F N E W Y O R K
________________________________________________________________________
3878
2019-2020 Regular Sessions
I N S E N A T E
February 20, 2019
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Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on New York City Education
AN ACT to amend the administrative code of the city of New York, in
relation to requiring the New York city department of education to
create more gifted and talented programs and classes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 21-974.1 to read as follows:
§ 21-974.1 GIFTED AND TALENTED PROGRAMS AND CLASSES. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, RULE, REGULATION OR LOCAL LAW TO THE CONTRA-
RY, THE DEPARTMENT SHALL DIRECT:
A. ALL SCHOOLS WITH ELEMENTARY KINDERGARTEN THROUGH FIFTH GRADE WITH
FOUR OR MORE CLASSES PER GRADE SHALL HAVE AT LEAST ONE CLASS PER GRADE
FOR TOP PERFORMING STUDENTS WHO GAIN ENTRY THROUGH ACADEMIC MERIT RATHER
THAN THROUGH AN ADMISSIONS EXAMINATION. ALL SCHOOLS WITH INTERMEDIATE
SIXTH THROUGH EIGHTH GRADE WITH FOUR OR MORE CLASSES PER GRADE SHALL
HAVE AT LEAST ONE CLASS PER GRADE FOR TOP PERFORMING STUDENTS WHO GAIN
ENTRY THROUGH ACADEMIC MERIT RATHER THAN THROUGH AN ADMISSIONS EXAMINA-
TION.
B. ALL SCHOOL DISTRICTS SHALL HAVE AT LEAST ONE DISTRICT GIFTED AND
TALENTED PROGRAM FOR ELEMENTARY KINDERGARTEN THROUGH FIFTH GRADE WITH
ADMISSIONS BASED ON THE CURRENT ADMISSIONS STANDARD. ALL SCHOOL
DISTRICTS SHALL HAVE AT LEAST ONE DISTRICT GIFTED AND TALENTED PROGRAM
FOR INTERMEDIATE SIXTH THROUGH EIGHTH GRADE WITH ADMISSIONS BASED ON AN
EXAMINATION THAT USES A COMPETITIVE AND OBJECTIVE MEASURE OF SCHOLASTIC
ACHIEVEMENT; PROVIDED, HOWEVER, THAT ANY STUDENT IN A GIFTED AND
TALENTED PROGRAM FOR ELEMENTARY KINDERGARTEN THROUGH FIFTH GRADE PURSU-
ANT TO THIS SUBDIVISION SHALL RECEIVE AUTOMATIC ADMISSION TO A GIFTED
AND TALENTED PROGRAM FOR INTERMEDIATE SIXTH THROUGH EIGHTH GRADE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04739-01-9
S. 3878 2
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.