New Mexico to Ohio

New Mexico

New York
Danielle O'Conner
Chapter 740 of the Laws of 1982 defines gifted pupils a "pupils who show evidence of highperformances capability and exceptional potential in area 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."
New York does not require schools to have gifted education programs but the policy for testing is as follows:
Students starting public school in New York for the first time must be screened to see if they are gifted. For most students this happens in kindergarten, but it can happen at any age forstudents coming from a private or out of state school.
· For students entering school in the fall, the screening must
take place by December 1. For students entering later in
the year, the screening must take place within 15 days of
· The screening must have a section that tests language
development and must be given in a student’s first
· If the student is found to possibly be gifted, the
superintendent and the parents or guardian must be told.
In order for a student to participate in a gifted program a
referral for further testing must come from a parent, teacher,
or administrator and the parent or guardian must give
North Carolina
Laura Osborne
Academically or Intellectually gifted children exhibit high performance capability in intellectual areas, specific academic fields, or in both intellectual areas and specific academic fields. Academically or Intellectually gifted students require differentiated educational services beyond those ordinarily provided by the regular educational program. Outstanding abilities are present in students from all cultural groups across all economic strata and all areas of human endeavor. ( NC General Statutes, Chapter 115C Elementary and Secondary Education, Article 9B § 115C-150.5)
A state mandate for identification and programming exists in gifted education.
The local education agency's (LEA) student identification procedures forAIG (Academically or Intellectually Gifted)are clear, equitable, and comprehensive andlead towards appropriate educational services.PRACTICESa) Articulates and disseminates clear, comprehensive,and equitable screening, referral, andidentification processes for all grade levels toschool personnel, parents/families, students, andthe community-at-large.b) Employs multiple criteria for student identification,including measures that reveal student aptitude,student achievement, or potential to achieve inorder to develop a comprehensive profile foreach student.c) Administers both non-traditional and traditionalstandardized measures that are based on currenttheory and research.d) Initiates screening, referral, and identification proceduresthat respond to traditionally under-representedpopulations of the gifted and are responsive toLEA demographics. These populations includestudents who are culturally/ ethnically diverse,economically disadvantaged, English languagelearners, highly gifted, and twice-exceptional.e) Ensures consistency in implementation ofscreening, referral, and identification processeswithin the LEA.f) Establishes written policies that safeguard therights of AIG students and their parents/families,including informed consent regardingidentification and placement, reassessmentprocedures, transfers from other LEAs, andprocedures for resolving disagreements.g) Maintains documentation that explains theidentification process and service options forindividual AIG students, which is reviewed
annually with parents/families
North Dakota

Terri Thornton
"(A) Definitions(1) "Gifted" means students who perform or show potential for performing at remarkably high levels of accomplishment when compared to others of their age, experience, or environment and who are identified under division (A), (B), (C), or (D) of section 3324.03 of the Revised Code.(2) "School district" does not include a joint vocational school district.(3) "Specific academic ability field" means one or more of the following areas of instruction:(a) Mathematics;(b) Science;(c) Reading, writing, or a combination of these skills; and/or(d) Social studies.(4) "Trained individual" means a person who by training or experience is qualified to perform the prescribed activity, e.g., educator, private teacher, higher education faculty member, working professional in the field of visual or performing arts or a person trained to administer assessments/checklists to identify gifted ability in creative, visual or performing arts.(5) "Visual or performing arts ability" means ability in areas such as drawing, painting, sculpting, music, dance and drama."
I thought this was interesting...
"Ohio's school districts are not required to serve gifted children by law, but they are required to identify students as gifted in grades K - 12. In 1999, the Ohio General Assembly passed legislation that updated the process for identifiying Ohio's gifted students. The Law or Ohio Revised Code specifies, in general terms, how gifted students are to be identified, and how they may be served. The Rule or Ohio Administrative Code provides the specifics that must be followed in identification. The Rule also provides specifics on how districts may serve gifted children and how state funded gifted units (coordinators and gifted intervention specialists) may be utilized. Ohio districts must comply with both the Law and the Rule."
"(C) Identification (1) DefinitionThe board of education of each district shall identify gifted students enrolled in that district in grades kindergarten through twelve as follows: (a) A child shall be identified as exhibiting "superior cognitive ability" if the child did either of the following within the preceding twenty-four months:* (i) Scored two standard deviations above the mean, minus the standard error of measurement, on an approved individual standardized intelligence test administered by a licensed or certified school psychologist or licensed psychologist; or
  • (ii) Accomplished any one of the following:
(a) Scored at least two standard deviations above the mean, minus the standard error of measurement, on an approved standardized group intelligence test;
(b) Performed at or above the ninety-fifth percentile on an approved individual or group standardized basic or composite battery of a nationally normed achievement test or;
(c) Attained an approved score on one or more above grade-level standardized, nationally normed approved tests.
(b) A child shall be identified as exhibiting "specific academic ability" superior to that of children of similar age in a specific academic ability field, if, within the preceding twenty-four months the child performs at or above the ninety-fifth percentile at the national level on an approved individual or group standardized achievement test of specific academic ability in that field. A child may be identified as gifted in more than one specific academic ability field.(c) A child shall be identified as exhibiting "creative thinking ability" superior to children of a similar age, if within the previous twenty-four months, the child scored one standard deviation above the mean, minus the standard error of measurement, on an approved individual or group intelligence test and also did either of the following:* (i) Attained a sufficient score, as established by the department of education, on an approved individual or group test of creative ability; or
  • (ii) Exhibited sufficient performance, as established by the department of education, on an approved checklist by a trained individual of creative behaviors.
  • (d) A child shall be identified as exhibiting "visual or performing arts ability" superior to that of children of similar age if the child has done both of the following:
  • (i) Demonstrated to a trained individual through a display of work, an audition, or other performance or exhibition, superior ability in a visual or performing arts area; and
  • (ii) Exhibited to a trained individual sufficient performance, as established by the department of education, on an approved checklist of behaviors related to a specific arts area."