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ASK THE ADVOCATE
by Steve Glink
To ask our advocate a question, email here
"My child should be in gifted education, what do I do if the school doesn't accept him?"
I'm really disappointed that my son didn't get accepted
into a Gifted and Talented program at his elementary school in Stephens City,
Virginia. I keep thinking that he might have needed to have been tested
differently to show traits for eligibility. Any comment?
To my knowledge, most Gifted programs are products of the State. I do not know of any federal laws on this issue. However, the issue that you raise may invoke the ADA and/or section 504 of the federal Rehabilitation Act. Both of those laws provide, in essence, that no individual with a disability may be denied an opportunity, etc., based upon the disability. There is a lot more to it than that, but your e-mail could be construed to require a testing accommodation if your son has ADD or ADHD (or any other disability). I suggest that you check that out with your state board of education or the U.S. Justice Department. Office of Civil Rights or Department of Education in your area. Good luck. Steven Glink.