The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4818

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced by M. of A. COLTON -- read once and referred to the Committee
  on 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

A. 4818                             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.