ERIC Number: ED505480
Record Type: Non-Journal
Publication Date: 2005-Sep
Abstractor: As Provided
The Law on Gifted Education: Revised Edition
Zirkel, Perry A.
National Research Center on the Gifted and Talented
This monograph provides a comprehensive, concise, and current overview of the law-- specifically, legislation, regulations, and published court/administrative decisions--relating to gifted education for K-12 students. For students whose legal rights are based solely on their gifted status, the law largely boils down to (a) varying state statutes and/or regulations, and (b) for states with relatively "strong" (e.g., mandated individualized programming and impartial dispute-resolution mechanism) legislation/regulations, with Pennsylvania being the prime example to date, published hearing/review officer and court decisions that have enforced, but not expanded, the requirements for individualized programming. For gifted students who are also covered by other special status, such as those who have a disability or who are racial minorities, the legal issues are more complex and largely based on federal civil rights laws. For these "gifted-plus" students, the principal legal forums have been the U.S. Office for Civil Rights and the administrative/judicial process of the Individuals with Disabilities Education Act. The leading issues in the gifted-plus cases to date have been eligibility, including underrepresentation, and free appropriate public education. The narrative portion of the monograph provides an impartial and a systematic summary of the law for the lay reader, whereas the appendices and endnotes provide rather thorough and cited support for legal specialists. Two appendixes are included: (1) Table of Cases and Rulings; and (2) Overview of State Legislation and Regulations for Gifted Education.
Descriptors: State Legislation, Disabilities, Legal Problems, Civil Rights, Civil Rights Legislation, Disproportionate Representation, Public Education, Academically Gifted, Federal Regulation, Federal Legislation, Individualized Instruction, Minority Groups, Eligibility, Court Litigation, Academic Achievement
National Research Center on the Gifted and Talented. University of Connecticut, 2131 Hillside Road Unit 3007, Storrs, CT 06269-4676. Tel: 860-486-4676; Fax: 860-486-2900; Web site: http://www.gifted.uconn.edu/nrcgt.html
Publication Type: Reports - Descriptive
Education Level: Early Childhood Education; Elementary Education; Elementary Secondary Education; Grade 1; Grade 10; Grade 11; Grade 12; Grade 2; Grade 3; Grade 4; Grade 5; Grade 6; Grade 7; Grade 8; Grade 9; High Schools; Intermediate Grades; Junior High Schools; Kindergarten; Middle Schools; Secondary Education
Sponsor: Institute of Education Sciences (ED)
Authoring Institution: National Research Center on the Gifted and Talented
Identifiers - Location: Pennsylvania
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act