Legal Question in Education Law in New York

Placement on gifted or magnet program

My daughter is in 2nd grade at Queens Public school 213. According to the district, they only screen student for the gift and magnet program when the student is in the Kindergarden. I got a notification address to my address but not in my daughter's name( at least not the correct last name) that she is not qualified for further test. However, during her 1st grade, her experienced teacher refer me to get her test privately. She scored 95 % at the brand new stanford-binet V test which qualify her to so many talent and gifted program national wide. However, my request to the school district for her appropriate placement is denied again because she only had one chance in her kindergarden year that she wasn't being picked up.

My question:

1. I never got any official document from the district that my daughter is being tested ( at least not in her name)

2. According to law, our home language is not English, my daughter should be provided a test with our home language.

3. With the result of her current test, she should be given a placement of the gifted program

What can I do now?

Thank you.


Asked on 2/02/04, 12:31 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Placement on gifted or magnet program

I suggest that you contact your school district's committee on special education, in writing, and insist that your daughter be tested to determine her appropriate placement. If the Department of Education still fails to provide her with an appropriate placement after that, you may be able to place her in a private program at the expense of the Department.

Arnold Nager

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Answered on 2/02/04, 7:13 pm


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