ERIC Number: EJ1118817
Record Type: Journal
Publication Date: 2016-Dec
Pages: 23
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-0162-3532
EISSN: N/A
Legal Update of Gifted Education
Zirkel, Perry A.
Journal for the Education of the Gifted, v39 n4 p315-337 Dec 2016
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.
Descriptors: Gifted, Exceptional Child Research, Educational Legislation, Court Litigation, Educational Policy, Laws, Gifted Disabled, Gifted Disadvantaged, Eligibility, Minority Group Students, Gender Differences, Disabilities, Equal Education, Federal Legislation, State Legislation, State Regulation, Federal Regulation
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United States
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A