Requires school districts to screen for gifted and talented students; provides the parents or guardians of such students the option to opt out of such screening.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A411
SPONSOR: Rozic TITLE OF BILL:
An act to amend the education law, in relation to school districts
screening for gifted and talented students
PURPOSE:
The purpose of this bill is to ensure that all students are screened for
gifted and talented student programming in order to benefit from the
resources offered by their schools.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 305 of the education law by
adding a new subdivision 57 to require the commissioner to require all
school districts to screen for gifted and talented students prior to
entering third grade. Notice of such screening will be provided to the
parent or guardian of each student, shall be printed in a clear and
conspicuous manner, and shall describe the screening methods. The parent
or guardian will be given the opportunity to opt out of the screening by
checking the box "do not screen my child."
Section two of the bill sets forth the effective date.
JUSTIFICATION:
New York State does not mandate cognitive assessments of schoolchildren
by educational administrators. Yet, cognitive assessments-such as the
Cognitive Abilities Test (CogAT) remain credible tools for ascertaining
levels of acuity in children. Administrators and teachers use these
assessments to tailor instruction to particular developmental strengths
and needs so crucial to cognitive development and academic success
(particularly on standardized examinations). Cognitive assessment tools
have the potential for improving access to specialized instruction and
enhancing academic achievement especially among socioeconomically disad-
vantaged populations.
In 2015, the School Board of Broward County, Florida, issued a report
entitled "The Cognitive Abilities Test (CogAT): Screening for Gifted-
ness, Predicting Achievements, and Informing Differentiated Instruc-
tion." That report showed that 643 second grade students not previously
identified as gifted met the CogAT score criteria for consideration for
gifted services. It also identified 84% of these students as being from
under-represented populations.
By requiring cognitive assessment of school children early in their
education, this bill would elevate such assessment methods as normative
and credible instruments of cognitive development and improve academic
performance among diverse student populations. Testing all children
would give those students, especially those who do not have an actively
engaged parent or guardian the opportunity to benefit from enhanced
instruction based on test results.
PRIOR LEGISLATIVE HISTORY:
2024: A672 (Rozic) - Education
2023: A672 (Rozic) - Education
2022: A410 (Rozic) - Education
2021: A410 (Rozic) - Education
2020: A2240 (Rozic) - Education
2019: A2240 (Rozic) - Education
2018: A10197 (Rozic) - Education
FISCAL IMPACT ON THE STATE:
None.
FISCAL IMPACT ON LOCALITIES:
Minimal.
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
None.
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
411
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROZIC, LUNSFORD, SEAWRIGHT, BORES -- read once
and referred to the Committee on Education
AN ACT to amend the education law, in relation to school districts
screening for gifted and talented students
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 305 of the education law is amended by adding a new
2 subdivision 63 to read as follows:
3 63. a. The commissioner shall require all school districts to screen
4 for gifted and talented students. Such students shall be screened prior
5 to entering third grade.
6 b. School districts shall provide notice of such screening to each
7 student and to the parent or guardian of each student enrolled in such
8 school district. The notice shall:
9 (i) be printed in a clear and conspicuous manner and shall describe
10 such screening methods; and
11 (ii) give the parent or guardian of such student the opportunity to
12 opt out of such screening by checking the box "do not screen my child".
13 § 2. This act shall take effect on the one hundred eightieth day after
14 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01387-01-5
