S T A T E O F N E W Y O R K
________________________________________________________________________
4083--A
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. COLTON, AUBRY, DINOWITZ, REYES, THIELE, SAYEGH,
COOK, DeSTEFANO, BRAUNSTEIN, HEVESI, HYNDMAN, CRUZ, D. ROSENTHAL,
FERNANDEZ, J. RIVERA, DARLING, WEPRIN, WILLIAMS, McDONOUGH, ABBATE --
read once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 AN OBJECTIVE EXAMINATION. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04273-02-1
A. 4083--A 2
ELEMENTARY KINDERGARTEN THROUGH FIFTH GRADE PURSUANT TO THIS SUBDIVISION
SHALL RECEIVE AUTOMATIC ADMISSION TO A GIFTED AND TALENTED PROGRAM FOR
INTERMEDIATE SIXTH THROUGH EIGHTH GRADE.
§ 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.