Legal Issues and the Gifted

How can disputes be resolved?

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.

Mediation -- Provides an avenue to resolve an issue in an informal, amicable manner with the guidance of a trained mediator; it should involve a minimum of time, financial support, and stress. The goal of mediation is to produce a written formal document, signed by all parties that settles the issue.

Due Process -- Due process is very different from mediation. The costs of time, money, and emotional stress are greater. All decisions are the responsibility of the hearing officer. The report is written solely by the person conducting the hearing, and all aspects of the findings must be followed unless one of the parties appeals to the next highest level. The most common point of appeal is the chief state school officer or a person designated within the department of education.

Court Cases -- Unfortunately, when conflicts cannot be resolved through negotiation, mediation, or due process, the next step is the courts, either state or federal, depending on the focus of the issue. Protracted court cases can be very costly, emotionally wrenching, and adversarial.

How should I prepare?

Accurate records must be maintained at each level. Meetings and decisions or lack thereof must be documented via written correspondence.

Be informed about local and state rules, regulations, and laws, and do not depend on hearsay.

Policies and procedures for the exact route for resolving an issue at this level can be found in the minutes of the local school board or in a district handbook.

Keep detailed records because some issues may take a long time to resolve.

If an agreement cannot be reached at the local district level, then mediation may be the next step if available. What are some legal issues relevant to the gifted?

Legal issues have focused on, but not limited to:

• Admission to school
• Admission to programs
• Admissions and race
• Curriculum modification
• Gifted children with disabilities
• School policies and teachers
• Accident cases Domestic relations
• Misrepresentation and fraud

Additional Resources

Books

• Karnes, F. A., & Marquardt, R. G., (1991). Gifted children and the law: Mediation, due process and court cases. Scottsdale, AZ: Gifted Psychology Press.
• Karnes, F. A., & Marquardt, R. G., (1991). Gifted children and legal issues in education: Parent's stories of hope. Scottsdale, AZ: Gifted Psychology Press.
• Karnes, F. A., & Marquardt, R. G. (2000). Gifted children and legal issues: An update. Scottsdale, AZ: Gifted Psychology Press.

Web Sites

• National Association for Gifted Children
• The Association for the Gifted
• Council for Exceptional Children
• The Office of Civil Rights
• State Bar Associations

Journal Articles

• Karnes, F. A., Troxclair, D. A., & Marquardt, R. G. (1997). "The role of the Office for Civil Rights." Journal for the Education of the Gifted, 18, (1), 87-94.
• Karnes, F. A., Marquardt, R. G., & Troxclair, D. A. (1997). "The evolving legal framework in gifted education." Understanding Our Gifted, A, 2, 3-5.
• Karnes, F. A., Troxclair, D. A., & Marquardt, R. G. (1998). "A survey of mediation opportunities in gifted education." Gifted Child Today, 46-48.
• Karnes, F. A., Troxclair, D., & Marquardt, R. G. (1998). "Due process in gifted education." Roeper Review, 20, (4), 297-301.
• Stephens, K. R. (2000). "Gifted education and the law." Gifted Child Today, 23 (1), 30-37.