2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 90 - Gifted Education › 4452 - Guidelines and Definition.

§ 4452. Guidelines  and  definition.    1.  In  order  to  provide for
  educational programs  to  meet  special  needs  of  gifted  pupils,  the
  commissioner  is  hereby  authorized  to  make recommendations to school
  districts in accordance with the  provisions  of  this  subdivision  and
  section thirty-six hundred two of this chapter.
a.  As used in this article, the term "gifted pupils" shall mean those
  pupils who show evidence of high performance capability and  exceptional
  potential  in  areas  such  as  general  intellectual  ability,  special
  academic aptitude and outstanding ability in visual and performing arts.
  Such definition shall  include  those  pupils  who  require  educational
  programs  or  services  beyond  those  normally  provided by the regular
  school program in order to realize their full potential.
b. Prior to payment of state funds for education of gifted  pupils,  a
  school  district shall submit to the commissioner a summary plan for the
  identification and education of gifted pupils.   The plan  shall  be  in
  form and content as prescribed by the commissioner.
c.  Upon  acceptance  by a local school district of the apportionments
  made under section thirty-six hundred two of this chapter such  district
  shall  use  such funding in accordance with guidelines to be established
  by the commissioner for services to gifted pupils. Such  services  shall
  include  but  not  be limited to identification, instructional programs,
  planning,  inservice  education  and  program  evaluation.  A  board  of
  education  may  contract  with  another district or board of cooperative
  educational services to provide the program  and/or  services  with  the
  approval  of  the  commissioner  under  guidelines  established  by  the
  commissioner.
d. The identification of pupils for participation in  gifted  programs
  funded  under  this  chapter  shall  commence  through the referral of a
  parent, teacher, or administrator.
e. Upon referral of a pupil for  participation  in  a  gifted  program
  funded  under  this  chapter,  the  school  district shall so inform the
  parent or guardian  of  such  pupil's  referral  and  shall  seek  their
  approval  to  administer diagnostic tests or other evaluation mechanisms
  related to the program objectives of the district in order to  determine
  eligibility for participation in such gifted program. Failing to receive
  approval, the child shall not be tested, evaluated or participate in the
  program.    In  no case shall the parent, guardian or pupil be charged a
  fee for the administration of such diagnostic tests or other  evaluation
  mechanisms.
f.  The  parent  or  guardian of a pupil designated as gifted shall be
  informed by the local school authorities of  the  pupil's  placement  in
  such gifted program funded under this chapter.
2.  The  commissioner shall establish procedures for evaluation of the
  quality and educational effectiveness of programs for gifted pupils.