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Gifted and Talented

New York State law and regulations define gifted pupils as:

"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." [Ed. L. §4452(1)(a) and 8 NYCRR §142.2]

In New York State (NYS) public schools are required to screen all new entrants (i.e., students entering a NYS public school for the first time or students reentering a NYS public school with no available record of a prior screening). Among other things, the screening identifies students who are possibly gifted, as defined above. Although NYS public schools are required to screen all new entrants, they are not required to have gifted and talented programs.  

For questions regarding whether gifted programming is offered by your school district, please contact your local school district administration.

Are New York State public schools required to have gifted and talented programs?

No. NYS public schools are not required to have gifted and talented programs for gifted students. The determination to offer gifted and talented programs is made at the local school district level.

Are New York State public schools required to identify students who are gifted?

Part 117 of the Regulations of the Commissioner of Education requires districts to establish procedures for the diagnostic screening of every new entrant to the school to determine which students are possibly gifted, have or are suspected of having a disability, and/or are possibly English Language Learners. A "new entrant" means a student entering the NYS public school system, pre-kindergarten through grade 12, for the first time, or reentering a NYS public school with no available record of a prior screening. A student who is "possibly gifted" means a student who, on the basis of diagnostic screening, appears to meet the definition of gifted and talented as contained in section 142.2 of the Regulations of the Commissioner of Education.

What happens if the diagnostic screening identifies a student as gifted?

Under Part 117 of the Regulations of Commissioner of Education, the results of the diagnostic screening must be reviewed, and a written report of each student screened must be prepared by appropriately qualified school district staff. The report must include a description of diagnostic screening devices used, the student's performance on those devices and, if required, the appropriate referral.

A student identified as possibly gifted must be reported to the superintendent of schools and to the parent or legal guardian of such student no later than 15 calendar days after completion of such screening. The referral must be accompanied by the report of the screening.

What screening tools should be used to identify gifted students?

New York is a non-endorsing state and selection of screening tools is a local decision.

Is there a list of school districts that have gifted and talented programs in New York State?

The New York State Education Department does not maintain a directory of school districts that have gifted and talented programs.  Questions about gifted and talented programs should be directed to your local school district.

Does the New York State Education Department have a required curriculum for gifted education?

No. The New York State Education Department does not create, maintain, or endorse specific academic programs or curricula for gifted students. In NYS, curriculum decisions are made at the local district level.

Are students with disabilities eligible for gifted education?

Yes.  A student with a disability who is also identified as a gifted student may not be excluded from participation in a gifted and talented program if their school district operates such program for gifted students.