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.