Gifted education suffers from the lack of a legal definition of giftedness and federal mandate for the provision of services in schools, and also from a lack of any federal funding to provide services. These lead to a situation characterized by extreme inconsistency in provision of educational services across locations, sometimes even within the same school district. We offer a historical perspective on these issues and a view of the current status of gifted education services, followed by discussion of relevant legal issues in this context. [For the complete volume, "Gifted Education: Current Perspectives and Issues. Advances in Special Education. Volume 26," see ED591918.]