I got some stuff from AGATE. Bad news for IEP in NY, though PA seems to recognize it. I am posting below what I got.
NYS has no mandate nor funding for Gifted Education (see
http://www.davidsongifted.org/db/StatePolicy.aspx), one of only a handful of states in the US that is so pitiful. This means that IEPs are not granted for gifted children, and gifted children have no protection under the law. School districts are not required to provide programs or services for the gifted, and their is no standard of service or identification set. The only thing NYS requires by law is that districts must identify students as gifted and notify the student's parents/guardians. HOWEVER, that identification process could be ANYTHING: 10 pushups; walking a balance beam; etc.
I agree, the OLSAT is not going to accurately measure the abilities of a HG child, and in fact, with a ceiling of 150, it is more likely than not to be off by several points. It is also known to be off as much as 15 points (from what I have read and been told) if a child is gifted with a learning disability. I am not that familiar with NYS identification process or system of services as they stand today, but most districts have more than one measure (teacher recommendation, parent nomination, Renzulli Scale, portfolio evaluation, etc.) to use in identifying a gifted student. IEPs are not, however, awarded to a gifted student in NYS. PA is one state that provides this service for GT kids, but in NYS one can't even get an IEP for a GT kid with learning disabilities. (Well, maybe somewhere someone sued and got an IEP, but they would have to sue, because it just isn't done here.)
Hope that helps someone.
Ren
