Legal Update of Gifted Education

Abstract

This update of the legislation/regulations and case law specific to pre-K–12 gifted students since a cluster of publications in 2004–2005 primarily focuses on the “gifted alone” category, with only secondary attention to twice-exceptional and other students in the “gifted plus” category. For the gifted-alone category, the legislation and regulations during the most recent 11 years continue to be at the state level, rather than federal level, with a net change amounting to moderate strengthening, primarily in terms of the group, rather than Individuals With Disabilities Education Act (IDEA)–type, model. The corresponding case law remains very limited in both frequency and pro-plaintiff outcomes, with most of the cases arising in Pennsylvania. The gifted-plus category accounts for far more litigation, fueled by the intersecting federal civil rights laws that are pivotal in these cases. Yet, their outcomes, for a variety of issues that extend well beyond eligibility and free appropriate public education, have also reflected a pro-district skew.