Gifted Education and the Law

Unlike children and adults with disabilities, gifted students have very limited protections under both state and federal laws (Karnes & Marquardt, 1997). Presently, only one federal law, the Jacob K. Javits Gifted and Talented Students Act of 1988, refers to the need for special programs for gifted students. However, this law does not mandate such programs. Furthermore, in Board of Education v. Rowley (1982), the court found that schools were obligated to provide students with an education from which they might gain some educational benefits; in other words, they do not have to guarantee that each student will be accommodated to achieve their maximum potential. Using this decision, it might be suggested that the education of gifted students is given low priority (Ford, Russo, & Harris, 1995).