Chapter 740 of the Laws of 1982

Under this law, if a district accepts State funds for gifted programs, it must provide services to gifted pupils. These services shall include identification, instructional programs, planning, inservice education, and program evaluation. (Article 90, Section 4452.c of Education Law.)

The majority of districts provide services to gifted pupils under this definition. However, in some cases the services are provided at only a few grade levels, in only a few areas of learning, or in other limited ways. Because there is no requirement that every student who has been identified as gifted must be served with a specially designed program, some identified gifted students may not be offered such a program.

What other provisions affecting gifted students and their parents does Chapter 740 contain?

>>> When a pupil is referred for consideration for a gifted program, the school district must inform the parent or guardian and seek approval to carry out an assessment to see if the pupil meets the district’s identification criteria for the program. If the parent does not give approval, the pupil may not be tested or assessed in other ways for the program. (Article 90, Section 4452.e.)
>>> If a pupil is placed in a gifted program, the school must inform his or her parent. (Article 90, Section 4452.f.)
>>> A pupil attending a private school has a right to participate in the gifted program in the public school district in which the private school is located. The pupil must meet the school district eligibility requirements for the gifted program. The school district must provide transportation between schools, if the distance is greater than one-fourth of a mile. If the pupil lives in another school district, the parent should apply to that school board, which will relay the request to the school board of the district in which the private school is located. The application must be made by June 1 for the next school year. (Article 73, Section 3602-c of Education Law.)

There are some limitations on this right, including the following:

>>> Services to private school gifted pupils must be provided in the same way and in the same setting as services provided to public school gifted pupils.
>>> If the gifted program in the public school enrolls pupils full time, obviously a pupil cannot participate and still be enrolled in a private school.