Know Your Legal Rights in Gifted Education

Gifted preschool, elementary, and secondary school children have very limited protections under state and federal laws. By contrast, children and adults with disabilities have, under federal statute and in turn under state law accepting federal provisions, comprehensive protections in the following areas not yet applicable to the gifted: identification for screening and program admission or eligibility purposes, educational or other institutional and related services, employment policies and practices, architectural barriers in and about public buildings and transportation facilities, and other civil rights protections.

Parents, educators, and other concerned adults involved with gifted children should know the legal framework in which the education and related services are set forth. The Jacob K. Javits Gifted and Talented Students Act of 1994 was not established by Congress to protect the legal rights of gifted children, but rather to provide for model programs and projects. In contrast, the Individuals with Disabilities Education Act of 1997 does give extensive legal rights to persons with disabilities.

Without a federal law to protect the legal rights of gifted children, the responsibility for such mandates rests with the states. Approximately 30 states have a mandate to serve gifted children, while the remaining ones have permissive legislation (Council of State Directors of Programs for the Gifted, 1994). The National Association for Gifted Children has written a position paper supporting the concept that each state should mandate by law educational opportunities for gifted children.

For quick and authentic references, advocates for these students must have on hand the appropriate state and local statutes and regulations. State law usually defines the types of gifted children who must or may be served with state funds, and the educational provisions allowable. In a few states, the state boards of education enacted a state definition and the kinds and types of services to be provided with state revenues. Usually, the function of this body is to approve the rules and regulations or standards written by the state department of education based on the implementation of the law passed by the legislature.

In addition, the local, county, or parish school board may have passed specific implementations within its jurisdiction. To assure services to all eligible students and to maximize the probability that a dispute will be resolved productively, there are channels to follow: negotiation, mediation, due process, and court cases (Karnes & Marquardt, 1993). Parents of gifted children have, in personal success stories, documented these processes with a variety of educational issues (Karnes & Marquardt, 1991).

Negotiation

When disputes arise within a school district over screening and identification, programming options, or other areas, the parties involved should know the steps to resolve an issue within that jurisdiction. Typically, the negotiation begins at the level at which the dispute arose. An issue on screening and identification is usually within the job description of the person responsible for assessment and testing. For classroom procedures and curriculum decisions, the teacher and principal are the appropriate parties with whom to discuss the concern. Within most districts, the next level for seeking a solution to an issue is the superintendent, then the board of education.

For person(s) who are dissatisfied and need to resolve a dispute, there are several proven practices that should be followed: