S T A T E O F N E W Y O R K
________________________________________________________________________
4796
2021-2022 Regular Sessions
I N A S S E M B L Y
February 8, 2021
___________
Introduced by M. of A. McDONOUGH, MONTESANO, BLANKENBUSH, MORINELLO --
Multi-Sponsored by -- M. of A. TAGUE -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to establishing statewide
standards for gifted education programs and requiring school districts
to be accountable for providing such gifted education programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "gifted
education reinforcement act".
§ 2. The education law is amended by adding a new section 4454 to read
as follows:
§ 4454. GIFTED EDUCATION. 1. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "GIFTED" SHALL MEAN NEUROLOGICAL DEVELOPMENT WHICH ALLOWS ONE TO
EXHIBIT COGNITIVE ABILITY AND/OR INGENUITY SIGNIFICANTLY MORE SOPHISTI-
CATED THAN AVERAGE IN ONE OR MORE AREAS.
B. "INDIVIDUALIZED EDUCATION PROGRAM" SHALL MEAN AN EDUCATIONAL PLAN
DESIGNED TO MEET A STUDENT'S LEARNING NEEDS VIA THE USE OF VARIOUS ADAP-
TATIONS.
C. "504 PLAN" SHALL HAVE THE SAME MEANING AS DEFINED IN THE FEDERAL
REHABILITATION ACT OF 1973.
D. "COMPETENCY-BASED EDUCATION" SHALL MEAN AN EDUCATIONAL SYSTEM BASED
ON STUDENTS' DEMONSTRATION OF MASTERY OF A GIVEN TOPIC.
2. A BOARD OF EDUCATION SHALL:
A. ENSURE THAT SUFFICIENT EDUCATIONAL SERVICES ARE PROVIDED TO GIFTED
STUDENTS FROM KINDERGARTEN THROUGH GRADE TWELVE AND THAT PROPER INSTRUC-
TIONAL ADJUSTMENTS ARE MADE IN ACCORDANCE WITH ESTABLISHED STANDARDS;
B. CREATE THE NECESSARY POLICIES FOR A CONTINUOUS IDENTIFICATION PROC-
ESS FROM KINDERGARTEN THROUGH GRADE TWELVE, WHICH SHALL CONSIST OF
MULTIPLE MEASURES IN ORDER TO DEFINITIVELY IDENTIFY STRENGTHS IN VARIOUS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03928-01-1
A. 4796 2
ACADEMIC AREAS. TO ENSURE EQUAL ACCESS TO THE GIFTED EDUCATION PROGRAM,
THE IDENTIFICATION PROCESS SHALL INCLUDE ADAPTATIONS FOR CERTAIN GROUPS
OF STUDENTS, INCLUDING THOSE WHO ARE ENGLISH LANGUAGE LEARNERS AND THOSE
WITH INDIVIDUALIZED EDUCATION PROGRAMS OR 504 PLANS;
C. PROVIDE AMPLE RESOURCES AND TIME TO DEVELOP, REEVALUATE, AND
IMPROVE INSTRUCTIONAL TOOLS FOR GIFTED EDUCATION;
D. DEVELOP AND DOCUMENT APPROPRIATE CURRICULAR AND INSTRUCTIONAL
ADJUSTMENTS USED FOR GIFTED STUDENTS INDICATING CONTENT, PROCESS,
PRODUCTS, AND LEARNING ENVIRONMENT, AND INCLUDING ADDITIONAL EDUCATIONAL
ACTIVITIES SUCH AS ACADEMIC COMPETITIONS, GUEST SPEAKERS, AND LESSONS
WITH A SPECIALIST. SUCH ADJUSTMENTS SHALL BE INCLUDED IN STAFF AND
STUDENT SCHEDULES, AS WELL AS LESSON AND UNIT PLANS, AND SHALL BE
ACCOUNTED FOR IN BUDGETS FOR EDUCATIONAL MATERIALS;
E. APPOINT A COORDINATOR WHO SHALL OVERSEE THE OPERATIONS AND CONTENT
OF THE DISTRICT'S GIFTED EDUCATION PROGRAM;
F. CREATE AND UPHOLD A LIST OF STUDENTS IDENTIFIED AS GIFTED IN EVERY
SCHOOL WITHIN THE DISTRICT; AND
G. ACTIVELY AND CONSISTENTLY PROVIDE AND SUPPORT PROFESSIONAL DEVELOP-
MENT FOR TEACHERS, SCHOOL LEADERS, AND ADMINISTRATIVE STAFF REGARDING
GIFTED EDUCATION.
3. A. THE COMMISSIONER SHALL APPOINT A QUALIFIED COORDINATOR OF GIFTED
EDUCATION PROGRAMS WHO SHALL BE RESPONSIBLE FOR REVIEWING THE PROGRAMS
IMPLEMENTED IN EACH SCHOOL DISTRICT, ASSESSING WHETHER PROGRAMS COMPLY
WITH THE PROVISIONS OF THIS SECTION, AND APPROVING SUBSEQUENT PROPOSALS
IN THE AREA OF GIFTED EDUCATION.
B. EACH SCHOOL DISTRICT SHALL FILE A REPORT WITH THE COORDINATOR OF
GIFTED EDUCATION PROGRAMS WITHIN THE DURATION OF THE FIRST FULL SCHOOL
YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION AND ONCE EVERY THREE
YEARS THEREAFTER. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) A THOROUGH EXPLANATION OF THE CONTINUUM OF POLICIES, CURRICULUM,
AND SERVICES IMPLEMENTED IN THE DISTRICT PERTAINING TO GIFTED EDUCATION;
(II) A COMPLETE DESCRIPTION OF THE IDENTIFICATION PROCESS USED BY THE
DISTRICT TO DETERMINE PLACEMENT INTO THE GIFTED EDUCATION PROGRAM;
(III) THE TOTAL NUMBER OF STUDENTS RECEIVING GIFTED EDUCATION SERVICES
AND THE PERCENTAGE OF THE TOTAL DISTRICT STUDENT POPULATION RECEIVING
SUCH SERVICES;
(IV) THE PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND SERVICES PROVIDED
ON THE TOPIC OF GIFTED EDUCATION;
(V) THE NUMBER OF STAFF EMPLOYED BY THE SCHOOL DISTRICT WHOSE JOB
RESPONSIBILITIES INCLUDE THE IDENTIFICATION AND INSTRUCTION OF GIFTED
STUDENTS; AND
(VI) A DELINEATION OF ANY PLAUSIBLE FUTURE PLANS FOR EXPANDING,
IMPROVING, OR OTHERWISE ALTERING THE GIFTED EDUCATION PROGRAM IMPLE-
MENTED BY THE DISTRICT.
4. A. THE COMMISSIONER SHALL DEVELOP A PROTOCOL PURSUANT TO WHICH AN
INDIVIDUAL MAY FILE A FORMAL COMPLAINT ASSERTING THAT A SCHOOL DISTRICT
IS NONCOMPLIANT WITH THIS SECTION. SUCH PROTOCOL SHALL REQUIRE THAT
UPON THE FILING OF A FORMAL COMPLAINT THE DEPARTMENT SHALL LEAD AN
INVESTIGATION INTO THE ACCUSED SCHOOL DISTRICT'S POLICIES. SUCH PROTOCOL
SHALL ALSO INCLUDE PROCEDURES TO BE FOLLOWED IN THE REMEDIATION OF GIFT-
ED EDUCATION PROGRAMS IN NONCOMPLIANT SCHOOL DISTRICTS.
B. A COMPLAINT SUBMITTED TO THE DEPARTMENT MAY NOT ASSERT NONCOMPLI-
ANCE THAT HAS OCCURRED IN EXCESS OF ONE YEAR PRIOR TO THE DATE OF THE
COMPLAINT'S FILING. THE COMPLAINT SHALL INCLUDE:
(I) A STATEMENT THAT THE SCHOOL DISTRICT IN QUESTION IS IN A STATE OF
NONCOMPLIANCE WITH THIS SECTION;
A. 4796 3
(II) FACTS AND CIRCUMSTANCES THAT EVINCE AND LEND CREDENCE TO THE
CLAIM THAT THE DISTRICT IS IN A STATE OF NONCOMPLIANCE; AND
(III) THE FULL NAME, ADDRESS, AND CONTACT INFORMATION OF THE COMPLAIN-
ANT.
C. THE DEPARTMENT SHALL COMPLETE AN INVESTIGATION WITHIN NINETY DAYS
OF RECEIPT OF A COMPLAINT AND ISSUE A WRITTEN DECISION, INCLUDING A
PROPOSAL FOR REMEDIATION IF NECESSARY, TO THE SCHOOL DISTRICT AND THE
COMPLAINANT.
5. EACH SCHOOL DISTRICT SHALL MAKE INFORMATION PERTAINING TO ITS
GIFTED EDUCATION PROGRAM AVAILABLE ON THE SCHOOL DISTRICT'S WEBSITE.
SUCH INFORMATION SHALL INCLUDE THE SCHOOL DISTRICT'S POLICIES, SERVICES
PROVIDED VIA THE PROGRAM, PROCEDURES AND MEASURES USED TO IDENTIFY GIFT-
ED STUDENTS, AND TIMELINES RELATING TO THE IDENTIFICATION PROCESS.
6. A. IN ORDER TO SET A UNIFORM STANDARD OF ENTRY INTO GIFTED
PROGRAMS, THE DEPARTMENT SHALL, WITH THE APPROVAL OF THE COMMISSIONER
AND THE COORDINATOR OF GIFTED EDUCATION PROGRAMS, SELECT A STANDARDIZED
TEST OF INTELLIGENCE AND A STANDARDIZED TEST OF CREATIVITY WHICH SHALL
BOTH BE COMPONENTS OF THE IDENTIFICATION PROCESS. THE CRITERIA TO BE MET
BY EXAMINATIONS SHALL CONSIST OF THE FOLLOWING:
(I) THE EXAMINATIONS SHALL BE NORM-REFERENCED AND RECOGNIZED BY A
NATIONAL AUTHORITY ON GIFTED EDUCATION;
(II) THE EXAMINATIONS SHALL BE ABLE TO BE INDIVIDUALLY ADMINISTERED;
AND
(III) THE EXAMINATIONS SHALL BE ABLE TO BE ADMINISTERED FROM KINDER-
GARTEN TO GRADE TWELVE.
B. EVERY SCHOOL DISTRICT SHALL USE THE EXAMINATIONS SELECTED BY THE
DEPARTMENT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION WHEN DETERMINING
ELIGIBILITY OF STUDENTS FOR ENTRY INTO GIFTED EDUCATION PROGRAMS.
C. THE EXAMINATIONS SELECTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION SHALL BE ADMINISTERED BY A QUALIFIED PSYCHOLOGICAL EXAMINER.
D. ONCE STUDENTS ARE IDENTIFIED AS GIFTED THEY SHALL NOT BE OBLIGED TO
TAKE THE EXAMINATIONS SELECTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION AGAIN.
7. A. A STUDENT IS ELIGIBLE FOR GIFTED EDUCATION PROGRAMS IN ONE OR
MORE SUBJECTS IF THE STUDENT MEETS THE FOLLOWING CRITERIA:
(I) THE STUDENT DEMONSTRATES SUPERIOR NEUROLOGICAL DEVELOPMENT, AS
EVIDENCED BY AN INTELLIGENCE QUOTIENT AT LEAST TWO STANDARD DEVIATIONS
ABOVE THE MEAN ON A STANDARDIZED TEST OF INTELLIGENCE OR AN INDIVIDUAL
COMPONENT OF THE TEST; AND
(II) THE STUDENT DEMONSTRATES SUPERIOR CREATIVITY, AS EVIDENCED BY A
SCORE IN AT LEAST THE NINETIETH PERCENTILE ON A STANDARDIZED TEST OF
CREATIVITY; AND
(III) AT LEAST ONE OF THE FOLLOWING:
(1) THE STUDENT DEMONSTRATES ABOVE-AVERAGE INGENUITY INSIDE AND/OR
OUTSIDE THE CLASSROOM, AS OBSERVED BY THE STUDENT'S TEACHERS;
(2) THE STUDENT DEMONSTRATES THE NEED FOR A SPECIAL PROGRAM DUE TO THE
DEFAULT EDUCATIONAL PROGRAM IN ONE OR MORE ACADEMIC AREAS BEING INSUFFI-
CIENTLY CHALLENGING FOR THE STUDENT, AS OBSERVED BY THE STUDENT'S TEACH-
ERS; OR
(3) THE STUDENT DEMONSTRATES AN INTENSE VORACITY FOR KNOWLEDGE OR
MOTIVATION FOR LEARNING THAT CANNOT BE SATISFIED BY THE DEFAULT EDUCA-
TIONAL PROGRAM IN ONE OR MORE ACADEMIC AREAS, AS OBSERVED BY THE
STUDENT'S TEACHERS.
B. TEACHERS SHALL RATE STUDENTS ON A SCALE OF ONE TO ONE HUNDRED IN
THE DOMAINS OF CREATIVITY (CRITERION 3) AND MOTIVATION (CRITERION 5) AND
RECOMMEND ALL CHILDREN WITH SCORES GREATER THAN OR EQUAL TO NINETY TO
A. 4796 4
THE SCHOOL DISTRICT'S PANEL OF THREE OR MORE QUALIFIED EVALUATORS IF THE
STUDENT ALREADY OR HAS PREVIOUSLY SATISFIED THE CRITERIA LISTED IN PARA-
GRAPH A OF THIS SUBDIVISION. TEACHERS SHALL ALSO PROVIDE THE PANEL WITH
ADDITIONAL INFORMATION REGARDING THE RATIONALE BEHIND THE RATINGS GIVEN
TO RECOMMENDED STUDENTS.
C. FOLLOWING THE RECEIPT OF TEACHER RECOMMENDATIONS, THE PANEL OF
THREE OR MORE QUALIFIED EVALUATORS SHALL EXAMINE EACH CASE AND MAKE
DECISIONS REGARDING STUDENTS' PLACEMENT.
8. A. THE DEPARTMENT SHALL DEVELOP STATEWIDE STANDARDS, BASED ON THE
FRAMEWORK OF CURRENTLY EXISTING STANDARDS EMPLOYED IN THE STATE, VIA THE
ADDITION OF MARKEDLY MORE COMPLEX, CHALLENGING, AND THOROUGH MATERIAL IN
ORDER TO ENSURE THE STIMULATION OF STUDENTS ENROLLED IN GIFTED EDUCATION
PROGRAMS AND THE MOST COMPLETE COMPREHENSION POSSIBLE.
B. SCHOOL DISTRICTS SHALL DEVELOP THEIR OWN CURRICULA BASED ON STAND-
ARDS APPROVED BY THE DEPARTMENT.
9. A. SCHOOL DISTRICTS SHALL UTILIZE A COMBINATION OF INDIVIDUALIZED
EDUCATION PROGRAMS AND ACCELERATION IN GIFTED EDUCATION PROGRAMS, WITH
EITHER ONE OF THE TWO OR BOTH BEING USED IN ACCORDANCE TO WHICH COURSE
IS IN THE BEST INTEREST OF A PARTICULAR GIFTED STUDENT.
B. A GIFTED STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM SHALL BE DEVEL-
OPED BY THE COORDINATOR OF GIFTED EDUCATION PROGRAMS OF THE SCHOOL
DISTRICT, WITH INPUT FROM THE CURRENT TEACHERS OF THE STUDENT AND INPUT
FROM THE SCHOOL PSYCHOLOGIST AND GUIDANCE COUNSELOR, IF APPLICABLE.
INDIVIDUALIZED EDUCATION PROGRAMS SHALL INVOLVE THE USE OF ALTERNATIVE
TEACHING METHODS, SUCH AS COMPETENCY-BASED EDUCATION, AND/OR DIFFEREN-
TIATED CONTENT.
C. A GIFTED STUDENT'S ACCELERATION PLAN, IF SUCH A PLAN IS DEEMED
SUITABLE FOR THE STUDENT, SHALL BE DEVELOPED BY THE COORDINATOR OF
GIFTED EDUCATION PROGRAMS OF THE SCHOOL DISTRICT, WITH MANDATORY INPUT
FROM THE CURRENT TEACHERS OF THE STUDENT AND INPUT FROM THE SCHOOL
PSYCHOLOGIST AND GUIDANCE COUNSELOR, IF APPLICABLE. ACCELERATION SHALL
INVOLVE A STUDENT'S PLACEMENT INTO A HIGHER-LEVEL CLASS IN ONE, MULTI-
PLE, OR ALL SUBJECTS DEPENDENT ON THE STUDENT'S LEVEL OF PROFICIENCY IN
EACH SUBJECT.
10. A STUDENT'S STATUS OF BEING IDENTIFIED AS GIFTED SHALL BE WRITTEN
IN THAT STUDENT'S RECORD.
11. GIFTED EDUCATION SHALL BE INCLUDED AS A SUBSECTION OF SPECIAL
EDUCATION IN THE DEPARTMENT'S BUDGET.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.