ERIC Number: ED415590
Record Type: Non-Journal
Publication Date: 1997-Feb
Reference Count: N/A
Know Your Legal Rights in Gifted Education. ERIC Digest E541.
Karnes, Frances A.; Marquardt, Ronald
This brief guide to the legal rights of gifted preschool, elementary, and secondary school children, first notes the lack of a federal law to protect the rights of these children in contrast to children with disabilities and the need for advocates for these students to urge adoption of appropriate statutes and regulations at the state and local levels. The guide focuses on appropriate channels to follow to assure services to all eligible students and maximize the probability of productive conflict resolution. General information is provided on the availability and implementation of the following channels to conflict resolution: (1) negotiation (maintain good records and be informed about local and state regulations and laws); (2) mediation (mediation through state statute is available for gifted students in approximately 10 states); (3) due process (approximately 28 states allow procedural due process for gifted children), and (4) court cases (an analysis has found that these cases fall into such categories as educational opportunities, school policies, and tort liability). The existence of protections for some types of gifted youth under the Office of Civil Rights is mentioned, as are the services of the Legal Issues Network, which helps advocates for gifted children. (DB)
Descriptors: Arbitration, Child Advocacy, Conflict Resolution, Court Litigation, Due Process, Elementary School Students, Elementary Secondary Education, Federal Legislation, Gifted, Preschool Children, Preschool Education, Secondary School Students, State Legislation, State Regulation, Student Rights
ERIC Clearinghouse on Disabilities and Gifted Education, Council for Exceptional Children, 1920 Association Drive, Reston, VA 20191-1589 ($1).
Publication Type: Guides - Non-Classroom; ERIC Publications; ERIC Digests in Full Text
Education Level: N/A
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: ERIC Clearinghouse on Disabilities and Gifted Education, Reston, VA.