Gifted and Talented Legislation
On January 13, 2020, Governor Phil Murphy signed into law A4710, the Strengthening Gifted and Talented Education Act. The legislation is to ensure appropriate instructional adaptations are in place for identified students. School districts are to implement an ongoing K-12 identification process using multiple measures for intellectual ability, creativity, or a specific subject area, while ensuring equitable access foridentification. In identifying and serving students, districts must consider National Association for Gifted Children (NAGC) standards. Districts are required to maintain a list of students receiving services, and develop and document the plans that are in place. Districts must also provide time and resources to support services and support professional development for staff.
Link to New Milford Board of Education Policy 2464, Gifted and Talented Students
Definition According to Legislation
"Gifted and talented student" means a student who possesses or demonstrates a high level of ability in one or more content areas when compared to his chronological peers in the school district and who requires modification of his educational program if he is to achieve in accordance with his capabilities.Identification Process
Identification of students for gifted and talented programming is based on multiple measures that include, but is not limited to, demonstrated academic achievement, grades, student performance and/or products, parent, student, and/or teacher recommendation, and traits of giftedness including intellectual ability and academic skills (verbal/linguistic, logical/mathematics, science, and social studies/history).
Should a parent/guardian wish to make a complaint that the district has not complied with the provisions of the Strengthening Gifted and Talented Education Act, the first point of contact is the building principal and/or designee.
Should the matter remain unresolved, or its determination be deemed unsatisfactory by the parent/guardian, the parent/guardian may appeal to the Director of Curriculum and Instruction who will affirm, reject or modify the initial resolution.
As outlined in the Strengthening Gifted and Talented Education Act, if the parent/guardian remains unsatisfied, the family may file a petition of appeal to the Executive County Superintendent. Specifically, the law states:
The Commissioner of Education shall develop a protocol pursuant to which an individual may submit a complaint alleging that a school district is not in compliance with the provisions of this act, and the executive county superintendent of schools shall investigate the complaint. The protocol shall also include procedures for remediating gifted and talented programs in school districts found to be in noncompliance.
A complaint submitted to the executive county superintendent pursuant to this section may only allege noncompliance that has occurred within one year prior to the date that the complaint is submitted. The complaint shall include:
(1) a statement that the identified school district is not in compliance with the provisions of this act, and the specific facts on which the allegation of noncompliance is based; and
(2) the name, address, and contact information of the complainant.
The executive county superintendent shall complete the investigation within 60 calendar days after receipt of the complaint and issue a written decision with proposed remediation, if necessary, to the complainant and the school district.