Gifted Education Programming

Gifted education, while essential for advanced students, often struggles with a major issue of equity and access. As a former civil rights litigator and attorney for school districts, I've seen firsthand how the identification processes—relying on subjective referrals or culturally biased assessments—can inadvertently violate a student’s right to fair access under the principles of Title VI and Title IX. The result is often the systemic exclusion of high-potential students from diverse socioeconomic, racial, and linguistic backgrounds. Furthermore, the Twice-Exceptional (2e) student—who is both gifted and disabled—is frequently overlooked, as their disability may mask their high ability, or vice versa. These students have the right to both services, and any system that denies one based on the existence of the other is failing its civil rights mandate.

For both parents and school leaders, moving toward equity requires deliberate, systemic action. Parents should advocate for non-discriminatory, multi-faceted identification that includes non-verbal or portfolio assessments, rather than relying solely on standardized tests. For organizations, the critical step is to conduct a proactive equity audit of the gifted program roster; if the demographics don't mirror the school's population, the identification system is biased and exposing the district to risk. By applying a legal and civil rights lens to gifted education, we move beyond basic compliance and ensure these vital programs operate with true integrity and inclusion for every child.