ERIC Number: EJ837950
Record Type: Journal
Publication Date: 2009
Reference Count: 15
Zirkel, Perry A.
Principal, v88 n5 p57-59 May-Jun 2009
The law on gifted students tends to take a back seat to the law on students with disabilities. One major reason is that gifted education lacks a specific legal mandate at the federal level, in comparison with the Individuals with Disabilities Education Act (IDEA) and the twin civil rights acts, Section 504 and the Americans with Disabilities Education Act. Nevertheless, eligibility and entitlement for gifted students, and their appropriate education, have been the subjects of a long but rather thin line of case law in those states that have specific legislation or regulations in this area (Zirkel, 2005b). In addition, some gifted students have been designated as "dually exceptional," leading to litigation under IDEA and Section 504. This article presents a case and accompanying question-and-answer discussion that illustrate recent developments.
Descriptors: Civil Rights, Academically Gifted, Disabilities, Court Litigation, Federal Legislation, Eligibility, Student Rights, Access to Education, State Legislation
National Association of Elementary School Principals (NAESP). 1615 Duke Street, Alexandria, VA 22314. Tel: 800-386-2377; Tel: 703-684-3345; Fax: 800-396-2377; e-mail: email@example.com; Web site: http://www.naesp.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Location: Pennsylvania
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)