§ 4452 — Guidelines and definition

§ 4452. Guidelines and definition. 1. In order to provide for\neducational programs to meet special needs of gifted pupils, the\ncommissioner is hereby authorized to make recommendations to school\ndistricts in accordance with the provisions of this subdivision and\nsection thirty-six hundred two of this chapter.\n a. As used in this article, the term "gifted pupils" shall mean those\npupils who show evidence of high performance capability and exceptional\npotential in areas such as general intellectual ability, special\nacademic aptitude and outstanding ability in visual and performing arts.\nSuch definition shall include those pupils who require educational\nprograms or services beyond those normally provided by the regular\nschool program in order to realize their full potential.\n b. Prior to payment of state funds for education of gifted pupils, a\nschool district shall submit to the commissioner a summary plan for the\nidentification and education of gifted pupils. The plan shall be in\nform and content as prescribed by the commissioner.\n c. Upon acceptance by a local school district of the apportionments\nmade under section thirty-six hundred two of this chapter such district\nshall use such funding in accordance with guidelines to be established\nby the commissioner for services to gifted pupils. Such services shall\ninclude but not be limited to identification, instructional programs,\nplanning, inservice education and program evaluation. A board of\neducation may contract with another district or board of cooperative\neducational services to provide the program and/or services with the\napproval of the commissioner under guidelines established by the\ncommissioner.\n d. The identification of pupils for participation in gifted programs\nfunded under this chapter shall commence through the referral of a\nparent, teacher, or administrator.\n e. Upon referral of a pupil for participation in a gifted program\nfunded under this chapter, the school district shall so inform the\nparent or guardian of such pupil's referral and shall seek their\napproval to administer diagnostic tests or other evaluation mechanisms\nrelated to the program objectives of the district in order to determine\neligibility for participation in such gifted program. Failing to receive\napproval, the child shall not be tested, evaluated or participate in the\nprogram. In no case shall the parent, guardian or pupil be charged a\nfee for the administration of such diagnostic tests or other evaluation\nmechanisms.\n f. The parent or guardian of a pupil designated as gifted shall be\ninformed by the local school authorities of the pupil's placement in\nsuch gifted program funded under this chapter.\n 2. The commissioner shall establish procedures for evaluation of the\nquality and educational effectiveness of programs for gifted pupils.\n