As a parent, you want your child to have the best opportunities at school. You want them to excel and try their best, whether it's academically or in extracurriculars. You know that kids can only improve their skills if they're challenged, and for some students, the standard curriculum isn't enough. For this reason, many elementary and middle schools have gifted programs or accelerated learning programs. These programs are designed for students who may not be stimulated enough in their regular classes.
Many parents want their kids to be enrolled in advanced learning programs because they want the best possible education. However, schools don't always agree with parents when it comes to placement. In fact, many schools can be quite selective concerning their gifted programs. If you truly feel your child is not benefitting from regular classes and needs to be placed in the gifted section, but the school has denied your student entry, you may be able to take action.
At the Lento Law Firm, our Education Team can help parents and students whose rights have been curtailed by their schools. We can help you appeal your child's rejection from the gifted and talented program and find a way to place them in their proper educational setting.
What Is the Gifted Program in Elementary and Middle Schools?
Gifted programs help schools and teachers meet children's individual learning needs by offering a curriculum or activities more advanced than the regular coursework.
Unlike educational programs for students with learning disabilities, programs for gifted children are not mandated by federal law. The federal government doesn't require schools to have programs that cater to the needs of students who are considered "gifted." As a result, each state is allowed to craft its own policies concerning advanced education and gifted programs for elementary and middle school students.
Most programs are affiliated with schools and may only accept students who attend that school. The school may have regular screenings, standardized tests, or other evaluations to identify students who could benefit from being in an advanced program. Other programs may operate outside of school settings and be considered an extracurricular program or even a sort of internship. For these types of programs, you and your child may have to submit an application to be accepted.
What Is a Gifted Student?
Federal law doesn't stipulate the creation of programs for gifted children, but it does provide a definition for "gifted" students. According to the No Child Left Behind Act of 2001, gifted or talented students "give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities."
States also have their own definitions of "gifted." These advanced programs go by several names, including gifted and talented education (GATE), talented and gifted (TAG), and gifted and talented (G&T) education.
How to Tell if Your Child Should Be in the Gifted Program
Before you consider enrolling your child in a gifted and talented program, you should look for signs that your child is capable of high intellectual, artistic, creative, or leadership achievements. Keep in mind that only 6 percent of U.S. students K-12 are considered academically gifted. Some students are bright or very smart, but it doesn't necessarily mean they are gifted or should be placed in a different educational setting.
Some signs that your child might be gifted are:
- They enjoy learning no matter what environment they're in, inside and outside of school.
- They have not just good ideas but imaginative and inventive ideas.
- They tend to prefer the company of adults or older children rather than their peers.
- They go beyond simply memorizing facts and use all the knowledge they gain to learn even more; they're seemingly never satisfied when it comes to gaining more knowledge.
- They explore subjects with a depth that's surprising for someone their age.
- They comprehend material several grade levels above their peers.
- They have a lot of enthusiasm for unique topics.
- They have a quirky or mature sense of humor.
- They are self-aware, socially aware, and know about global issues.
Keep in mind that not every gifted child will display all the qualities listed above. If they do have some of these qualities, however, it's possible your child belongs in a gifted and talented program.
What IQ Do Gifted Children Have?
There are also tests your child can take to determine their IQ, which is sometimes used as an indicator for gifted programs. Different schools and programs may have different standards when it comes to IQ, but the general range is between 115-130.
Although IQ is used as an important indicator for gifted and talented programs, it's not the only one. Other tests that evaluate creativity, leadership skills, or the ability to focus on a task might also be used. You should read the entry requirements and policies of the gifted program you're hoping to send your child to if you want to learn more about testing.
How Do Students Get Selected for Advanced Learning?
Since there is no mandated process at the federal level for identifying gifted children, policies and assessment methods can vary between states and even between school districts. Generally, however, you can expect the process to go through the following steps:
- A student is referred by a parent or teacher.
- The student takes an initial IQ test.
- The student may take another standardized test that evaluates their grade level.
- The student goes through a gifted assessment, which is conducted by a trained professional who observes the child and makes a determination.
After this series of testing and assessments, your child may or may not be accepted into a gifted program.
Standardized Tests Used for Gifted and Talented Screening
There are many screening tests available that school districts use to test the aptitude and achievement of potentially gifted students. In some states, state law requires the use of these tests as a universal screening measure for all pupils wanting to enter the gifted program at their schools. Most states, however, leave test selection up to local school districts.
Commonly used standardized screening tests are:
- CogAT
- Differential Ability Scales (DAS)
- Naglieri Nonverbal Ability Test (NNAT3)
- Naglieri General Ability Test (V, NV, Q)
- Raven's Progressive Matrices
- Stanford – Binet Intelligence Scales, Fifth Edition (SB5)
- Wechsler Intelligence Scale for Children Fifth Edition (WISC-V)
- Woodcock-Johnson IV Tests of Cognitive Abilities (WJ IV COG)
- CASE Benchmarks
- i-Ready
- Iowa Assessments (IA)
- Kaufman Test of Educational Achievement, Third Edition (KTEA-3)
- MAP Growth
- Renaissance STAR
- Partnership for Assessment of Readiness for College and Careers (PARCC) (Grade 3-8)
- SC READY
- Smarter Balanced (Grade 3-8)
- Stanford Achievement Test, Tenth Edition (Stanford 10)
- Woodcock-Johnson IV Tests of Achievement (WJ IV)
- Otis-Lennon School Ability Test (OLSAT 8)
Your child will not have to take all of these tests—usually, they only have to take a few. If your student doesn't end up getting into the gifted program, you may be able to sign them up for another test as long as it's accepted by the school district.
Can Kids With Behavioral Problems Still Get Into Gifted Programs?
It's not uncommon for gifted children to have learning differences or disabilities alongside their exceptional abilities. This trait is known as being twice-exceptional (2E). These students may be gifted in certain areas like math or music but also have learning or developmental challenges such as ADHD, dyslexia, or autism.
A 2E student shouldn't be kept out of a gifted program simply because they also have a learning challenge. Your child's school has a responsibility to address your child's learning needs, whether that's implementing an Individualized Education Plan (IEP) or enrolling them in the gifted and talented program—or both.
Data from the U.S. Department of Education Office for Civil Rights shows that, unfortunately, 2E kids are underrepresented in gifted programs. This low number of 2E students is usually an indication that schools or education administrators don't know how best to handle the needs of 2E kids.
If your child is 2E, it's likely that they may be rejected from a gifted and talented program for their learning or developmental disability. You shouldn't accept this result. If you feel that your child isn't being challenged enough in their current educational setting and that a gifted program would truly be the best fit for them, you should fight the decision.
State Laws Concerning Gifted and Talented Programs
Since federal law doesn't cover gifted and talented students, most states have passed their own legislation. These laws may include the following:
- Definition of "gifted and talented"
- List of the responsibilities local school boards have concerning gifted programs
- Criteria for identifying gifted and talented students
- Provision for monitoring the performance of gifted programs
Some state laws may also set out a procedure for filing complaints against your school district if you believe it's not complying. In New Jersey, for example, the Strengthening Gifted and Talented Education Act defines "gifted and talented" and states that individuals can file complaints. It does not, however, list criteria for identifying gifted and talented students. Requirements for entry into gifted programs in New Jersey are left up to individual school districts.
California, on the other hand, doesn't have a statewide definition for "gifted and talented" students. It's one of five states that don't, according to the National Association for Gifted Children and the Council of State Directors of Programs for the Gifted. The other states that don't have a definition are the District of Columbia, Hawaii, Massachusetts, Michigan, and South Dakota.
State Laws Requiring the Identification of Gifted Students
Most state laws concerning gifted and talented students require school districts to have methods of identifying gifted students. There are, however, 10 states (including the District of Columbia) that do not require the identification of gifted students.
The only states that do not have this requirement in state law are:
- District of Columbia
- California
- Hawaii
- Massachusetts
- Michigan
- Missouri
- New York
- North Dakota
- Rhode Island
- Vermont
State Laws Requiring Certain Criteria for Entry in Gifted Programs
Some state education laws also set out specific criteria for entry into gifted programs; others leave it up to districts to determine. Only nine states have requirements that apply to all local education agencies statewide:
- Arkansas
- Colorado
- Georgia
- Kentucky
- Maryland
- Ohio
- Pennsylvania
- South Carolina
- Tennessee
All other states leave it up to local jurisdictions to decide what the criteria are for admitting students to the gifted and talented education program.
State Laws that Allow Complaints About Gifted Programs
Many states have a provision in their education laws for monitoring or auditing gifted and talented programs. Individuals may be allowed to file a complaint about a program under the auspices of underperformance, but state laws generally don't address appealing a gifted program entry decision. For the most part, local school districts are responsible for the appeals process.
What You Can Do if Your Child Doesn't Get Selected for the Gifted Program
Most schools that have a gifted and talented program also have an appeals process. If your child doesn't get accepted, and you believe they should, you can challenge the decision by submitting a formal appeal. The formal appeals process differs by school district, but in general, the steps you have to take may resemble the following:
- Speak with a gifted and talented teacher or coordinator. Your first step may be to set up a meeting with the instructor at your child's school who is responsible for the gifted and talented program. They'll either start an appeal for you or give you information on how to appeal.
- Completing an appeal form or sending a letter. You will probably have to send a form or write an appeal letter to the school board or committee responsible for the gifted program. Typically, the time period to complete this step is short—about 10 business days from the date you received the decision.
- Completing an appeal packet. You may be asked to send additional documents as part of an "appeal packet." These documents would have to be evidence that your child is gifted or talented and may include letters of recommendation, creative works by your child, or scores from additional intelligence tests.
- Meet with the school administrators or gifted program coordinator. Once you've submitted your appeal, your child's case may be reviewed by a school principal, administrator, program coordinator, or school board official. They may ask you to meet with them to discuss your child's entrance to the program and then deliver the final decision.
After you have a final decision, know that the process might not be over yet. You may still have steps you can take to get your child the appropriate instruction for their skill level. If the school's formal appeal process doesn't yield you results or your school doesn't have an appeals process, you can try the following steps:
- Read up on the gifted program:Get as much information as possible about the program and why your child was not accepted. Review the rules and policies for acceptance. Also, review the rejection letter so you can pinpoint exactly why your child didn't get in.
- Take a different test:Check if your school allows other standardized tests for placement in the gifted program.
- Get a specialized evaluation: You can ask a specialized tester to evaluate your child to determine if they have abilities or talents that would qualify them for a gifted program. Your school district may accept this external evaluation, however, many districts won't consider it.
- Ask for a meeting with the school: Schedule a meeting with whoever's in charge of the gifted and talented program at your school and present your child's case.
- Submit a complaint with the school board:Most school boards have a formal complaint process that anyone can utilize. You may be able to lodge a formal complaint if none of your other methods yielded results.
- Contact an Education attorney: The Education Law Team at Lento Law Firm has helped many students and parents nationwide with similar issues. We may be able to negotiate with your school or help you find other options for getting your child into the gifted program.
When Is It Time to Litigate?
If you've exhausted all other options, including the school's appeals procedure, then it might be time to consider filing a lawsuit against the school. Litigation is a serious step, and you should only pursue it if you've tried everything and still don't have the solution you're after. A lawsuit may not be an option for every family, either. It depends on your and your child's specific case, your school's gifted program, and several other important factors.
It's crucial to have an attorney by your side if you decide to sue the school. Why? Schools and school boards usually have a team of attorneys and other experts at their disposal to help fight lawsuits. You'll have to go up against these lawyers to prove your case and argue for your child's inclusion in the gifted program. If you have no legal experience or aren't familiar with education laws in your state, this task could easily overwhelm you.
Education attorneys, like those at the Lento Law Firm, can also advise you on whether to sue the school or not. Our Education Law team has helped families and children across the country with a wide range of issues. We're willing to stand up to the school board and help your child get the education they truly deserve. We can thoroughly evaluate your case to let you know if litigation is a good option for you and help you file the lawsuit as well.
Should I Call an Attorney if My Child Gets Rejected From the Gifted Program?
If your child is not accepted into the gifted program and you disagree, you might think you can sort it out on your own—or that the school's word is final. However, having an attorney on your side can change the situation. You have every right to contact Education Law attorneys at the Lento Law Firm if you disagree with your school's decision about the gifted program. An attorney can help ensure you take all the right steps in the appeals process and help you create a more convincing appeals packet.
An attorney can sit with you during meetings you have with school administrators or in front of the committee that decides on the gifted program. They can coach you on what to say during meetings and how best to defend your child's interests. They can help you put together an appeals packet with evidence showcasing your child's talents, as well as help you gather any other important documentation. An attorney can review the school's policies and state law concerning the gifted program and ensure the school is following the right procedures and applying the standards correctly to your child.
Having an Education Law team, like the attorneys at the Lento Law Firm, by your side can make all the difference. You may not be contending with a civil or criminal court case, and you most likely won't end up in a court of law (unless you file a lawsuit). However, it doesn't mean you shouldn't take the matter seriously and get the best help available to you. An experienced Education Law attorney can help increase the chances that your child does get accepted into the educational program that is the best fit for them.
Call an Education Law Team to Get Your Child Into the Gifted Program
At the Lento Law Firm, our Education Law Team has helped students and families nationwide defend themselves against actions by their schools. We can lend you and your family our guidance and support as you deal with this troublesome matter. We understand that you only want the best for your child and that placing them in the gifted and talented program might be the best fit for them. We'll help you ensure your child has a bright future. Call today at 888-535-3686 or book a consultation online.
