C&I

Curriculum and Instruction

Identification and Screening of Pupils


Screening under Chapter 53 of the Laws of 1980

Pupils who are entering a public school in New York State for the first time must be screened to see if they are gifted. For the majority of pupils, this is when they enter kindergarten. However, a pupil who has never been enrolled in a public school in the State and now enters a public school from a private school or from out of state must be screened, no matter what grade he or she is in. (Section 117 of the Regulations of the Commissioner of Education.)

  • For pupils enrolling in the fall of the school year, screening must take place by December 1. For pupils enrolling later, screening must take place within 15 days of entry.
  • The screening must include an assessment of language development.
  • The screening must be conducted in the pupil’s native language, if the language of the home is other than English.
  • If a pupil is found to be possibly gifted, results of the screening must be reported to the school superintendent and, as a result of an amendment passed in 1993, to the pupil’s parent or guardian.

Since this is a preliminary screening, it may indicate only that a pupil is possibly gifted. An in-depth assessment is needed to identify with more certainly a gifted pupil and determined the most appropriate program for him or her.

  • If the pupil is referred for further consideration for a gifted program, the school must inform the parent and ask approval, as indicated under Chapter 740.

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Section of Education Law Related to the Screening of Pupils for Handicapping Conditions and Giftedness

As amended by Chapter 28 of the Law of 1993

Effective April 12, 1993

Article 65—Compulsory Education and School Census


Section 3208. Attendance; proper mental and physical condition

  1. a. Each board of education or trustees of each school district shall provide for the screening of every new entrant to school to determine which pupils are or may be children with handicapping conditions or gifted, as well as all pupils who score below level two on either the third grade reading or mathematics tests for New York state elementary schools and all students who obtain a comparable percentile score on the regents preliminary competency test, in accordance with regulations of the commissioner to determine whether such pupils may have handicapping conditions.
    Such screening shall include, but not be limited to:
    1. A physical examination pursuant to the provisions of sections nine hundred one, nine hundred three and nine hundred four of this chapter, including proof of immunization as required by section twenty-one hundred sixty-four of the public health law.
    2. A language development assessment.
      1. If such screening indicates a suspected handicapping condition, which may require the provision of special education services or programs, a referral shall be made to the committee on special education.
      2. If such screening indicates a possibly gifted child, the name and finding shall be reported to the superintendent of schools of such district and to the parent or legal guardian of such child. Such notification shall not be construed as an entitlement for services for any such child identified as possibly gifted.
      3. If such screening indicates a possibly gifted child, the name and finding shall be reported to the superintendent of schools of such district and to the parent or legal guardian of such child. Such notification shall not be construed as an entitlement for services for any such child identified as possibly gifted.

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Last Updated: June 3, 2009