Education Law

This blog, like many blogs and websites that talk about legal issues in education, often addresses the legal rights of students with disabilities.  Students with disabilities are protected by federal law.  But, what about gifted students?  What legal rights do they have in our educational system?

The legal rights of gifted students vary from to state to state.  Not every state has a mandatory law concerning educating gifted students and even those states that do have laws often do not fund them.

This can be very frustrating for parents of students who are clearly working above grade level.  It is up to the parents to advocate for their child and make sure that the child is receiving a challenging education.  If there is no formal gifted program at your child’s school, consider working directly with the child’s teacher.  See if you can substitute more difficult assignments for the regular classroom assignment.  Perhaps, the teacher can recommend additional resources and supplementary texts or classes.  If your child is truly bored in his or her current grade then you should speak with the principal about allowing the child to skip a grade.

Many states do have special schools or programs for gifted students.  So, if you are not getting what you need from your school district then contact your state Department of Education and talk to them about your choices.

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