The New York State Senate

 
                     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.