The Fragmented Framework of Legal Protection For the Gifted

Document Type

Article

Publication Date

1-1-2017

Abstract

This chapter provides an overview of the components of the legal framework and examines recent issues handled within the structure. It examines how states have used statutes to provide legal foundation for the delivery of services to the gifted. A legal framework for resolving disputes in gifted education is slowly evolving, legislation, court cases, due process hearings, administrative regulations, Letters of Findings issued by the Office for Civil Rights (OCR), negotiation, and mediation are the major components of this framework. Negotiation, mediation, due process, statutory law, and litigation constitute the components of the legal framework. Programming and instructional issues are usually the responsibility of the teacher, then the responsibility of the principal, curriculum supervisor, or coordinator of the gifted. The OCR in the US Department of Education is legislatively empowered to monitor any discriminatory practices of federal laws and rules and regulations pertaining to race, gender, age, disability, or natural origin.

Publication Title

Charting a New Course in Gifted Education: Parts I and II: Peabody Journal of Education

Volume

72

Issue

3-4

First Page

166

Last Page

179

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