§ 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.