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ERIC Number: EJ766212
Record Type: Journal
Publication Date: 2005
Pages: 20
Abstractor: ERIC
Reference Count: N/A
ISSN: ISSN-0098-9495
Giftedness, Disadvantage, and Law
Ward, Cynthia V.
Journal of Education Finance, v31 n1 p45-64 Sum 2005
Debate over the proper identification and placement of gifted children in public schools is not new. But the pressure put on public schools by the No Child Left Behind (NCLB) Act of 2001 has brought advocates and opponents of gifted education into starker conflict. This presents a chance to reexamine the foundational premises of the argument in closer view and to analyze the potential role of law in resolving it. In the first part of this article, the author considers the premises of the equality versus excellence debate as it involves the issue of gifted children and their treatment in the public schools. She concludes that although no innate conflict exists between the goals of achieving educational equality and promoting individual academic excellence, these two goals engage a core "political" conflict that has long thwarted efforts to provide adequate public funding for gifted education. In the second part, she recounts the history of federal support for gifted children from disadvantaged backgrounds, concluding that the political system fails to promote the development of such children and that this fact is unlikely to change. In the third section, she discusses the other legal route to delivering needed services to gifted and disadvantaged kids: the creation and funding of nonprofit organizations. She argues that the philosophy behind the nonprofit sector in the United States--that nonprofits exist, in large part, to increase liberty, encourage diversity, and promote innovative solutions to important social problems--makes devising and funding nonprofit ventures a more promising way to benefit gifted and disadvantaged children than government funding. However, the diversity and diffusion of the nonprofit sector present a formidable obstacle to the kind of coherent and organized mandate that would most effectively help gifted children. She identifies five core goals of such a mandate and describes one program that, in conjunction with the public school system,seems designed to implement all five. (Contains 72 footnotes.)
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Publication Type: Journal Articles; Opinion Papers; Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United States
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act; Elementary and Secondary Education Act; Individuals with Disabilities Education Act; Jacob K Javits Gifted and Talented Students Education Act 1988; No Child Left Behind Act 2001; Omnibus Budget Reconciliation Act 1981