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GT-Legal issues (updated January 2002)

Please provide information on legal issues and gifted education. Do gifted children have any rights under federal education legislation? Are they guaranteed an appropriate education?

Gifted preschool, elementary, and secondary school children have very limited protections under state and federal laws. Without a federal law to protect the legal rights of gifted children, the legislative responsibility rests with the states. Approximately 37 states have gifted education legislation, although only 26 states have a full or partial mandate to serve gifted children. When present, legislation ranges from full mandate for services to recognition of the educational needs of gifted and talented students (Council of State Directors of Programs for the Gifted CSDPG, 2001). A full mandate is characterized as one where identification, programming, and personnel for gifted education are required by state legislation. Partial mandates range from identification only to minimal services at the discretion of the Local Educational Agency (LEA). Many states have full- or part-time regional coordinators for gifted education. A list of coordinators and state advocacy groups can be found at http://www.hoagiesgifted.org/eric/fact/stateres.html. For additional details, The State of the States Gifted and Talented Education Report (1999-2000) may be purchased for $25.00 from the CSDPG by contacting Dr. Kristy Ehlers, State Director, Gifted and Talented Education, Oklahoma City, OK 73105, (405.521.4287).

Following are links to related Internet resources and Internet discussion groups, as well as selected citations from the ERIC database and the search terms we used to find the citations.


You can search the ERIC database yourself on the Internet through either of the following web sites:

ERIC Citations

The full text of citations beginning with an ED number (for example, EDxxxxxx) is available:

The full text of citations beginning with an EJ number (for example, EJxxxxxx) is available for a fee from:

ERIC Search Terms Used

gifted

AND

court litigation OR civil rights OR educational legislation

EJ603389 EC624359
Gifted Education and the Law.
Stephens, Kristen R.
Gifted Child Today Magazine; v23 n1 p30-37 Jan-Feb 2000
Publication Type: NON-CLASSROOM MATERIAL (055); JOURNAL ARTICLE (080)
ISSN-1076-2175
Language: English
ERIC Issue: CIJSEP2000
This article reviews federal and state initiatives regarding gifted education. It summarizes state court decisions pertaining to gifted education and cases involving federal constitutional rights and statutes. State constitutional rights and statutes are discussed, along with implications of court decisions. Recommendations for parent and teacher advocacy are also included.
Descriptors: *Advocacy; *Court Litigation; Educational History; Educational Legislation; Elementary Secondary Education; *Federal Legislation; *Gifted; Parent Role; Policy Formation; *State Regulation; *Student Rights; Teacher Role

EJ621389 EC626637
The Office for Civil Rights and Non-Discriminatory Testing, Policies, and Procedures: Implications for Gifted Education.
Ford, Donna Y.; Trotman, Michelle Frazier
Roeper Review; v23 n2 p109-12 Dec 2000
Publication Type: JOURNAL ARTICLE (080); PROJECT DESCRIPTION (141) ISSN-0278-3193
Language: English
ERIC Issue: CIJAUG2001
This article examines the Office for Civil Rights' (OCR) position on non-discriminatory testing, polices and practices and the role and responsibility of the OCR in securing the civil rights of culturally and linguistically diverse students in the context of gifted education. Possible discriminatory practices in gifted education are outlined.
Descriptors: Cultural Differences; *Educational Discrimination; Elementary Secondary Education; *Gifted; *Minority Group Children; Racial Discrimination; *Student Evaluation; *Talent Identification; Teacher Attitudes; *Testing Identifiers: *Office for Civil Rights

EJ601431 EC624150
State Definitions for the Gifted and Talented Revisited.
Karnes, Frances A.; Stephens, Kristen R.
Exceptional Children; v66 n2 p219-38 Win 2000
Publication Type: REVIEW LITERATURE (070); JOURNAL ARTICLE (080); RESEARCH REPORT (143)
ISSN-0014-4029
Language: English
ERIC Issue: CIJAUG2000
This article presents a brief history of the transition of the federal definition for students who are gifted and talented, as well as a description of other definitions that have affected state definitions. A review of state definitions in 1990 and 1998 indicates that 29 states have modified their definition.
Descriptors: *Ability Identification; *Classification; *Definitions; Educational Legislation; Elementary Secondary Education; Federal Legislation; *Gifted; State Programs; *State Regulation; *Talent; Trend Analysis

EJ584831 SP527400
The Fragmented Framework of Legal Protection for the Gifted.
Karnes, Frances A.; Marquardt, Ronald G.
Peabody Journal of Education; v72 n3&4 p166-79 1997
Publication Type: JOURNAL ARTICLE (080); POSITION PAPER (120)
ISSN-0161-956X
Language: English
ERIC Issue: CIJNOV1999
A legal framework for resolving disputes in gifted education is slowly evolving. The major components of the framework include legislation, court cases, due process hearings, administrative regulations, Letters of Findings issued by the Office for Civil Rights, negotiation, and mediation. The paper provides suggestions for navigating the existing legal system.
Descriptors: Academic Ability; Academic Achievement; *Academically Gifted; *Advanced Students; Court Litigation; Due Process; *Educational Legislation; Elementary Secondary Education; Equal Education; Federal Legislation; State Legislation; Teachers
Identifiers: Mediation; Negotiation Processes; Office for Civil Rights

EJ547244 EA533436
Giving the Gifted Their Fair Share.
Russo, Charles J.; And Others
School Business Affairs, v63 n5 p21-24 May 1997
ISSN: 0036-651X
Language: English
Document Type: JOURNAL ARTICLE (080); LEGAL MATERIAL (090); EVALUATIVE REPORT (142)
Journal Announcement: CIJDEC97
Less than half the nation's gifted students are placed in appropriate educational settings. The Javits Gifted and Talented Students Act acknowledges the need for special programs for these children, but doesn't mandate their creation. The legal status of programs for the gifted contrasts sharply with those for children in special education. This situation must change. Ignoring gifted students' needs is a waste of human potential.
Descriptors: Disabilities; Elementary Secondary Education; *Equal Education; *Federal Legislation; *Gifted; *Legal Problems; Special Education; Special Needs Students; *Student Rights
Identifiers: *Brown v Board of Education; *Gifted and Talented Childrens Education Act 1978; Priorities

EJ549044 EC616840
Policy for the Identification of Students for Gifted Programs: Local Level Implementation.
Evans, Karen
Journal of Secondary Gifted Education, v8 n2 p74-86 Win 1997
ISSN: 1077-4610
Language: English
Document Type: JOURNAL ARTICLE (080); EVALUATIVE REPORT (142)
Journal Announcement: CIJJAN98
Target Audience: Policymakers
Data from interviews, surveys, and archival records were used to examine gifted education policy implementation in Missouri. The study found that school districts tend to use a programmed approach to policy implementation when identifying gifted students with state guidelines usually being used prescriptively. Results suggest a need for greater flexibility at the local level in implementing state standards.
Descriptors: *Ability Identification; Compliance (Legal); Data Interpretation; Educational Policy; Elementary Secondary Education; Eligibility; *Gifted; Guidelines; Interviews; School Districts; *State Standards; Surveys
Identifiers: *Missouri

EJ549026 EC616304
The Office of Civil Rights and the Gifted: An Update.
Karnes, Frances A.; And Others
Roeper Review, v19 n3 p162-63 Mar 1997
ISSN: 0278-3193
Language: English
Document Type: JOURNAL ARTICLE (080); RESEARCH REPORT (143)
Journal Announcement: CIJJAN98
A study of 38 letters of finding examined the involvement of the Office for Civil Rights (OCR) in gifted education from 1992-95. Results indicate a majority of complaints handled by OCR involved minority access to gifted programs and an increase in the complaints involving gifted students with disabilities.
Descriptors: *Access to Education; *Agency Role; Disabilities; Elementary Secondary Education; *Gifted; *Legal Problems; *Minority Group Children; *Talent Identification
Identifiers: Office for Civil Rights

EJ549025 EC616303
Gifted Identification as a Constitutional Issue.
Brown, Cynthia N.
Roeper Review, v19 n3 p157-60 Mar 1997
ISSN: 0278-3193
Language: English
Document Type: JOURNAL ARTICLE (080); POSITION PAPER (120)
Journal Announcement: CIJJAN98
Discusses the consistent underrepresentation of minority groups in gifted programs and legal issues surrounding the identification of gifted students, including the relationship between classification and government purpose. Model legislation that defines gifted students and traditionally underserved populations and declares nondiscriminatory intent in gifted identification is presented.
Descriptors: Classification; Definitions; *Educational Legislation; Elementary Secondary Education; *Gifted; Incidence; Labeling (of Persons); *Minority Group Children; *Policy Formation; *Social Discrimination; Student Evaluation; *Talent Identification

EJ521546 EC613335
Gifted Education and the Law: A Right, Privilege, or Superfluous?
Russo, Charles J.; And Others
Roeper Review, v18 n3 p179-82 Feb-Mar 1996
ISSN: 0278-3193
Language: English
Document Type: JOURNAL ARTICLE (080); REVIEW LITERATURE (070)
Journal Announcement: CIJAUG96
This article examines Broadley v. Board of Education of the City of Meriden, wherein the Supreme Court of Connecticut held that the state constitutional right to free public education does not grant gifted children special education rights. Implications are discussed and recommendations are offered for informing stakeholders of legal threats to gifted education.
Descriptors: Constitutional Law; *Court Litigation; Elementary Secondary Education; *Gifted; *Special Education; State Courts; *Student Rights
Identifiers: *Broadley v Board of Education of Meriden; Connecticut

EJ521544 EC613333
The Sound of Silence: A Nation Responds to Its Gifted.
Sternberg, Robert J.
Roeper Review, v18 n3 p168-72 Feb-Mar 1996
ISSN: 0278-3193
Language: English
Document Type: JOURNAL ARTICLE (080); POSITION PAPER (120)
Journal Announcement: CIJAUG96
This article discusses signs that America has adopted a negative view of gifted children, including the undermining of the Jacob Javits Act, grade inflation, and a shift in funding and legal mandates from the gifted toward students with disabilities or low achievement. Reasons for this trend and suggestions for responsive action are discussed.
Descriptors: *Anti Intellectualism; *Educational Attitudes; Educational Legislation; Educational Policy; *Educational Trends; Elementary Secondary Education; Financial Support; *Gifted; Grade Inflation; Negative Attitudes; Public Opinion; Trend Analysis
Identifiers: Jacob K Javits Gifted Talented Stdnt Educ Act 1988

EJ494714 EA530230
Education of Gifted Students: A Civil Rights Issue?
Gallagher, James J.
Phi Delta Kappan, v76 n5 p408-10 Jan 1995
ISSN: 0031-7217
Language: English
Document Type: EVALUATIVE REPORT (142); JOURNAL ARTICLE (080)
Journal Announcement: CIJAPR95
There are many students with high native abilities that remain underdeveloped because of inadequate opportunity, practice, and motivation. Although genetics significantly affects development of various intelligences, environment (including cultural values) and sequential experiences help crystallize native abilities. Schools must organize and institutionalize equal opportunities and experiences for talented students, regardless of race, gender, or ethnic origin.
Descriptors: *Academic Ability; *Civil Rights; *Educational Opportunities; Elementary Secondary Education; *Environmental Influences; Equal Education; Genetics; *Gifted; Program Development; *Student Motivation

EJ506638 EC611507
Meeting the Educational Needs of the Gifted: A Legal Imperative.
Ford, Donna Y.; And Others
Roeper Review, v17 n4 p224-28 May-Jun 1995
ISSN: 0278-3193
Language: English
Document Type: JOURNAL ARTICLE (080); POSITION PAPER (120)
Journal Announcement: CIJNOV95
Target Audience: Practitioners
Developments at the federal level affecting the legal and educational rights of gifted students are briefly examined, along with evidence supporting the need to establish special programs that are mandated and for which state schools are accountable. Eight challenges are presented and accompanied by recommendations regarding education for children who are gifted.
Descriptors: *Change Strategies; Civil Rights; Educational Change; *Educational Policy; Elementary Secondary Education; *Federal Legislation; *Gifted; *Special Education; *Student Needs; Student Rights

ED372590 EC303223
Model Legislation: Gifted and Talented.
Foster, Andrew H.; And Others
North Carolina Univ., Chapel Hill. Gifted Education Policy Studies Program.
Feb 1994; 19p.; Sponsoring Agency: Office of Educational Research and Improvement (ED),Washington, DC. Contract No: R206A00596
EDRS Price - MF01/PC01 Plus Postage.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055); LEGAL MATERIAL (090)
Geographic Source: U.S.; North Carolina
Journal Announcement: RIEDEC94
Target Audience: Policymakers
This report presents a model state legislative bill to provide for the special needs of gifted and talented students. The model bill utilizes a "best practices" framework and attempts to be fiscally responsible and provide maximum flexibility while meeting the needs of gifted and talented students. The model legislation itself begins with a statement of purpose followed by a section defining the population of gifted and talented students and stating a policy of nondiscrimination. A section on supervision of gifted and talented programs covers the Office of State Coordinator, the duties of the Office of State Coordinator, and collaboration with the State Advisory Board. The section on the State Advisory Board for Gifted and Talented Education includes guidelines for Board establishment, Board membership, and Board duties. Specific program responsibilities and criteria are presented in the section on gifted and talented programs. In addition, a definition and nondiscrimination policy statement are offered on the issue of traditionally underserved populations. The final section makes appropriation recommendations. Following the model legislation, analysis is provided for each of the Bill's sections.
Descriptors: Advisory Committees; Change Strategies; *Educational Legislation; Educational Practices; Elementary Secondary Education; *Gifted; Models; Program Administration; Program Development; *State Legislation; *Talent

EJ496241 EC610116
Gifted Education and Discrimination: The Role of the Office for Civil Rights.
Marquardt, Ronald G.; Karnes, Frances A.
Journal for the Education of the Gifted, v18 n1 p87-94 Fall 1994
ISSN: 0162-3532
Language: English
Document Type: JOURNAL ARTICLE (080); PROJECT DESCRIPTION (141)
Journal Announcement: CIJMAY95
This article reviews activities of the Office for Civil Rights of the U.S. Department of Education involving programs for gifted students from 1985 through 1991. Analysis of 48 letters of findings identified issues involved, protected classes, geographic regions involved, and results of investigations.
Descriptors: *Civil Rights; Conflict Resolution; Due Process; *Educational Discrimination; Elementary Secondary Education; *Eligibility; *Gifted; Government Role; *Government School Relationship; Social Bias; Special Education
Identifiers: *Office for Civil Rights

EJ479436 EC607996
Pathways to Solutions: Using Conflict Resolution in Matters of the Gifted and Talented.
Karnes, Frances A.; Marquardt, Ronald G.
Gifted Child Today (GCT), v16 n6 p38-41 Nov-Dec 1993
ISSN: 0892-9580
Available From: UMI
Language: English
Document Type: JOURNAL ARTICLE (080); PROJECT DESCRIPTION (141); NON- CLASSROOM MATERIAL (055)
Journal Announcement: CIJJUL94
Target Audience: Practitioners; Parents
Educational disputes involving gifted students may be resolved via conferences with parties involved, mediation, due process, or court litigation. Students in programs or activities receiving federal support may file complaints with the U.S. Department of Education's Office for Civil Rights. Suggestions are offered for becoming informed about relevant state laws, regulations, and court cases.
Descriptors: Arbitration; *Civil Rights; *Conflict Resolution; *Court Litigation; *Due Process; Federal Aid; *Gifted; Law Related Education; Parent Teacher Conferences; Student Rights
Identifiers: *Office for Civil Rights

EJ506639 EC611508
Gifted Education and the Courts: Teacher Certification and Employment Decisions.
Karnes, Frances A.; Marquardt, Ronald G.
Roeper Review, v17 n4 p229-31 May-Jun 1995
ISSN: 0278-3193
Language: English
Document Type: JOURNAL ARTICLE (080); EVALUATIVE REPORT (142)
Journal Announcement: CIJNOV95
Four state court cases are discussed, involving the issue of employing noncertified versus certified teachers in gifted education and teachers with seniority versus gifted education experience. Based on the two West Virginia cases and two Pennsylvania cases, it is concluded that mandatory certification provides greater legal protection for gifted education.
Descriptors: *Court Litigation; Elementary Secondary Education; *Employment Practices; *Gifted; Legal Problems; Special Education Teachers; *Teacher Certification; Teacher Employment; *Teacher Qualifications; *Teacher Selection
Identifiers: Dallap v Sharon City School District; Dilley v Slippery Rock Area School District; Egan v Board of Education; Johnson v Cassell; Pennsylvania; West Virginia

ED379849 EC303722
State Policies Regarding Education of the Gifted as Reflected in Legislation and Regulation. Collaborative Research Study CRS93302.
Passow, A. Harry; Rudnitski, Rose A.
National Research Center on the Gifted and Talented, Storrs, CT.
Oct 1993; 107p. Sponsoring Agency: Office of Educational Research and Improvement (ED), Washington, DC. Contract No: R206R00001
Available From: NRC/GT, The University of Connecticut, 362 Fairfield Rd., U-7, Storrs, CT 06269-2007.
EDRS Price - MF01/PC05 Plus Postage.
Language: English
Document Type: EVALUATIVE REPORT (142)
Geographic Source: U.S.; Connecticut
Journal Announcement: RIEJUL95
Target Audience: Policymakers
This study analyzed state policies on the identification and education of gifted students as reflected in legislation, regulations, rules, recommendations, and guidelines provided by 49 states. The elements examined include: (1) state mandated services, (2) district plans for the gifted, (3) gifted education as part of special education, (4) philosophy or rationale, (5) definitions of gifted and talented, (6) identification procedures, (7) programs for the gifted, (8) differentiated curriculum and instruction, (9) counseling and other support services, (10) parent involvement, (11) program evaluation, (12) teacher education and certification, and (13) state funding for the gifted. The analysis indicated that all states have formulated policies that support education of the gifted and talented but that considerable variability among states exists with respect to specific components. Major recommendations are made in the following areas: establishing challenging curriculum standards; providing high-level learning opportunities; ensuring access to early childhood education; offering extended opportunities for economically disadvantaged and minority children; providing teacher training and technical assistance; and matching the high performance of similar students throughout the world.
Descriptors: *Ability Identification; Compliance (Legal); Counseling; *Curriculum Development; Definitions; Educational Legislation; Educational Philosophy; *Educational Policy; Elementary Secondary Education; Eligibility; Financial Support; *Gifted; National Surveys; Needs Assessment; Program Development; Program Evaluation; Pupil Personnel Services; School Districts; State Aid; State Legislation; *State Programs; *State Standards; Teacher Education
Identifiers: *Differentiated Curriculum (Gifted)
 

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