Legal Issues for Gifted

Unlike students with disabilities, gifted students are not protected under federal law. As such, the methods by which gifted students are identified and served vary across states and depend on state legislation or state board of education rules and regulations. With many states having permissive legislation and others having no legislation, dispute resolution strategies are needed to help parents ensure their gifted child receives an appropriate education. However, with limited protection under the law, school systems often prevail when disputed issues reach the courts. This entry [Page 532]describes dispute resolution strategies, seminal cases, the Office for Civil Rights, and implications of legal issues for gifted students.