Legal Issues in Gifted Education

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Legal Issues in Gifted Education

• Belin-Blank
  Advanced Leadership Institute
• June 26 27, 2003

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• Laurie J. Croft, Ph.D.
• Administrator, Professional Development
• Belin-Blank Center
• 210 Lindquist Center
• Iowa City, IA 52242
• 800.336.6463 / 319.335.6148
• laurie-croft_at_uiowa.edu

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No Federal Mandate

• Unlike statutory legal protection afforded
  special education students
• Legal foundation exists at the state level
• State governments take a variety of approaches

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State of the States (2001)

• 41 states responded
• 19 states report a full legislative mandate,
  requiring some form of identification,
  programming, and some personnel dedicated to
  gifted education.
• 7 states have a partial mandate, which might or
  might not include identification or services.

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State of the States (2001)

• 13 states have no legislative mandate related to
  gifted education
• Only 2 do not at least have legislative wording
  recognizing the educational needs of the gifted
• States which mandate identification may or may
  not mandate services.
• States which mandate services may or may not
  mandate teacher preparation.

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State of the States (2001)
Full Education Mandate
No Education Mandate
Partial Education Mandate
Did not respond
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Iowa Code 257.43

• Each school or school district shall incorporate
  gifted and talented education into its
  comprehensive school improvement plan CSIP.
• Schools are evaluated for compliance every five
  years.

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Iowa Code

• Identification
• Valid and systematic
• Multiple selection criteria
• Services
• Goals and performance measures
• A qualitatively differentiated program to meet
  cognitive and affective needs

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Iowa Code

• Inservice required for school districts
• Budget (three-quarters - 42 - per student in the
  district to be paid by the state one-quarter to
  be provided by the district)
• Endorsement required to work with gifted children
  (12 hours psychology, programming,
  administration, practicum)

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Resolution of Legal Issues

• Negotiation
• Gather relevant documentation (e.g. state law,
  board of education rulings court cases)
• Begin with local school personnel (e.g. those
  responsible for testing / placement)
• Keep records of meetings and send follow-up
  summaries to all involved

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• Mediation
• Approximately 20 states allow for mediation when
  local negotiation fails in issues of gifted
  education
• An appointed mediator reviews both sides of the
  argument and clearly documents the outcome

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• Due Process (more costly process)
• Approximately 25 states provide for due process
• Where mediation not available
• Where mediation fails
• Usually in states that include gifted education
  as a part of special education
• Expert witnesses
• Hearing officer makes the decision

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• State or Federal Courts
• Costly in time, money, and emotions (Karnes
  Marquardt. 2003. Gifted education and legal
  issues Procedures and recent decisions. In
  Colangelo Davis. Handbook of Gifted Education.
  Allyn and Bacon.)
• Cases for twice-exceptional children generally
  rely on the federal Individuals with Disabilities
  Education Act (1997) or Section 504
  (Rehabilitation Act, 1973)

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Relevant Cases

• Conrad Weiser Area School District v. Department
  of Education (1992)
• Pennsylvania school district rejected parents
  request for special services for a gifted child
  who had difficulties in writing (child was doing
  well in school)
• Judge determined child WAS entitled
  discrepancy between achievement and mental
  ability

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Relevant Cases

• Fowler v Unified School District No. 259 (1995)
• A child characterized by both giftedness and a
  hearing impairment
• No interpretive services in gifted program no
  gifted program at the School for the Deaf
• Judge ruled that federal law provided for
  interpretive services

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Current Issues before the Courts

• Broadley v. Board of Education of the City of
  Meridan (1994)
• Supreme Court of Connecticut held that the state
  constitutional right to a free public education
  does not afford gifted children the right to
  special education.

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Reverse Discrimination

• American Civil Rights Institute filed a case
  (November 6, 2000 in U.S. Southern District Court
  of Florida) to force the state to change its
  gifted admissions policy.
• Across-the-board IQ score of 130? Groups (black,
  Hispanic, low-income children underrepresented).
• In 1991, Plan B, minority or low-income
  students entry with scores of 115 (academic
  potential).
• Agreement to eliminate Plan B.

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Summary Implications

• No federal protection for giftedness
• IDEA will support exceptionalities other than
  giftedness
• Widely varying state laws
• Limited legal precedents (the future?)
• Families choose to move to different districts
  (sometimes in different states) to find settings
  that help their children