July 2006

Families and Schools: Partnership and Collaboration

During the elementary years a close connection between home and school can result in positive interpersonal, emotional, and intellectual development for the child. Parents and school personnel are dedicated to the educational well-being of children, but they represent different perspectives. When working together, they will find it helpful to have a sense of each other’s roles and responsibilities.

An Overview of Legal Issues in Gifted Education

Only 30 states have a full or partial mandate for identification and instructional programming for the gifted. While the Jacob K. Javits Gifted and Talented Student Act of 1994 funds projects and research, it does not protect the legal rights of students seeking gifted services.The Individuals with Disabilities Education Act extensively protects persons with disabilities, but it does not protect the gifted, either. Since no federal mandate for gifted children and youth exists, individual states have jurisdiction over their education.
The Office for Civil Rights (OCR) in the U.S. Department of Education is responsible for protecting the educational rights of students, including the gifted, who participate in activities and programs receiving educational funding. This protection must be offered because discrimination against the gifted (as well as on the basis of national origin, race, color, gender, or disability) is illegal. The OCR has been very helpful in monitoring and resolving issues of discrimination. From 1985 to 1991,
48 rulings involved the gifted. African American students were the focus of most of the rulings. From 1992 to 1995, 38 additional rulings focused on identification and admission to programs.
It is best to solve a dispute within the school system, before reaching the courts.
—Frances A. Karnes
The American Civil Liberties Union (ACLU) is also interested in legal issues and the gifted. In 1999 a lawsuit was filed against the Inglewood, California, school district for not offering as many ad-vanced placement classes in lower socioeconomic schools serving African American and Latino students.
Resolving Disputes
Families that disagree with how their schools are educating their gifted children can pursue four steps: negotiation, mediation, due process, and court cases.
Negotiation
Negotiation starts at the point of the dispute. The teacher and the principal are the persons to contact for disputes arising in the classroom. For grievances focusing on screening and identification, the school psychologist and/or the program coordinator for the gifted is usually the appropriate contact.
Use these principles when settling a dispute:

Know the facts regarding local and state policies and procedures.
Maintain accurate records of all telephone conversations, meetings, and the like. Document everything through written correspondence with the persons involved.
Follow the line of administration for resolving a dispute. Parent handbooks and local, county, or parish board guidelines often provide general policies.
Keep detailed written records, since some issues take a long time to resolve.
Know your options beyond the school board level. If a local solution cannot be found, mediation is the next level.

Mediation
Mediation, a right in gifted education in only 21 states, is the most amicable, informal method of settling a dispute. It involves minimal stress, energy, and financial support. The goal is a written formal agreement signed by both parties. The state department of education usually appoints the mediator. Detailed information on the selection and training of mediators, meeting procedures, and examples of well- and poorly written mediation arguments are available in Gifted Children and the Law, by Frances A. Karnes and Ronald G. Marquardt (Gifted Psychology Press, 1991). When mediation is not available or an agreement is not possible, due process should be sought.
Due Process
Under general provisions or those that are specific to the gifted, 28 states provide due process. Unlike mediation, due process takes considerable time, exacts an emotional toll, and is expensive, and all decisions as well as the writing of the report are the sole responsibility of the hearing officer. This officer must submit the report to the state department of education and to all involved parties within a designated amount of time, usually 45 days.
Provisions for due process differ from state to state; the selection and training of hearing officers, jurisdictions, and appeal routes all vary. However, all states require written notice to both parties, parental choice as to whether the hearing is closed or open, the participation of the child, and the presence of attorneys and witnesses.
Court Cases
Even more so than due process, court cases cost all parties time, expense, and emotional effort. They may occur at the local, state, or federal level, depending on the issue, and the types of cases vary. They may concern school policies, such as busing, teacher transfer and seniority, and certification. They may address specific educational issues, including early entrance to public schools and colleges and admissions to specialized programs for the gifted, which would include race, gender, and curriculum modification. Related areas of dispute are domestic cases, tort liability in the school and in summer residential programs, fraud, and misrepresentation.
—Frances A. Karnes, Ph.D.
Frances A. Karnes is professor of special education and director of the Frances A. Karnes Center for Gifted Studies at the University of Southern Mississippi.

Federal Definition of Gifted

Does my child qualify for gifted services?” is a question that I am asked by parents from all over the country. Often I have to reply that I do not know, since states differ in how they define giftedness.
A federal definition was first proposed in 1969, but it has undergone a number of changes. At times it has been interpreted narrowly to include only students
who display outstanding intellectual or creative talent. But it has also been interpreted more broadly to include students capable of high performance in intellectual, academic, creative, leadership, visual or performing arts, vocational, and psychomotor domains.
The states have relied on the federal definition for guidance; as the federal definition has changed, so have the state definitions. Also, the states have not interpreted the federal definition uniformly. Therefore definitions vary from state to state.
For example, a student classified as gifted in Massachusetts, Minnesota, New Hampshire, New Jersey, or South Dakota only ten years ago might not be considered gifted today in these states, because they have repealed their definitions and now leave it up to the local school districts to define giftedness. In 1995 Florida students would have qualified as gifted simply by being intellectually precocious and capable of high performance. Today they would have to demonstrate a need for a special program and evidence that they possessed a set of characteristics in addition to high intelligence and academic aptitude. Finally, Texas students
are identified as gifted if they show outstanding creative artistic talent or unusual leadership ability. But if they move to Arizona, they will not be considered gifted on that basis.
Thus, where you live will determine whether your child receives gifted services, as well as the quality, type, and extent of those services. We need to advocate at
the local, state, and national levels for all gifted students so that none is denied the gifted label simply because
of location.
—Steven I. Pfeiffer, Ph.D.

A Whole World...

. . . awaits the gifted and talented learner on the Internet. Children are naturally curious, and gifted children in particular are sensitive to social and cultural issues. We’ve compiled the following international news Web sites to help you broaden your child’s awareness of the world, its people, and how world events are viewed from other countries.

Many of the news sites are available in English-language format, but some are in the native country’s tongue. Most sites are accessible; however, you may encounter difficulties making connections at times.

Spend the Summer Studying? Are you Kidding?

Summer programs for academically gifted students have proliferated in the last decade, largely because efficient and widespread identification services are available through regional talent search programs. Universities and colleges sponsor most summer programs. Given the myriad opportunities, parents may wonder what the benefits of participation in summer programs are and how to select the right one for their child.

Fall 2001 Book Reviews

Stand Up for Your Gifted Child: How to Make the Most of Kids’ Strengths at School and at Home, by Joan Franklin Smutny. Free Spirit, 2001. Paperback, 190 pp., ISBN 1-57542-088-0. $14.95

Smutny’s statement that “advocacy doesn’t require educational expertise” will put many parents at ease. The book’s down-to-earth approach leads parents to discover their own children’s interests and needs by guiding the reader through strategies that address the many concerns parents and families have regarding gifted children.

Perfectionism and Gifted Students

Educators, researchers, and parents often observe perfectionist behaviors in gifted students. It comes as no surprise, since these students are bombarded daily by parents, teachers, peers, and an entertainment industry that rewards them and encourages them to make the highest grade, produce a perfect painting, give a flawless performance, and gain admission into the best college. What are the characteristics of a perfectionist? Is perfectionism helpful or detrimental to a student’s success? What can be done to help students who place too much importance on perfection?

The Inside Story

Gross anatomy doesn’t have to be gross anymore. Three-dimensional, interactive anatomy software allows for intricate, in-depth study of the human body with the click of a mouse.

Identifying and Nurturing Talent in the Visual Arts

The youngest artist-in-the-making I ever met was six years old. Carson Rutter arrived at my office carrying a folder of his work in one hand and holding his mother’s hand with the other. Drawings of cowboys dominated his portfolio. I asked him to tell me about them. With a critical eye, he told me how he had improved since those drawings were made and that their inspiration was The Magnificent Seven. Six other art teachers later evaluated Carson’s work as that of a middle-school student.