-
Amendment XIV of the U.S. Constitution (Constitutional Law)
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" creates the foundation for educational equity (U.S. Const. Amend. XIV). -
Brown v. Board of Education of Topeka (Judicial Law)
"Racial discrimination in public education is unconstitutional, 347 U. S. 347 U.S. 483, 347 U. S. 497, and all provisions of federal, state or local law requiring or permitting such discrimination must yield to this principle. P. 349 U. S. 298." -
Sputnik Launch
The launch of the Russian satellite sparked debate and inspired U.S. education reform. -
National Defense Education Act of 1958 (Statutory Law)
This law was passed in response to the Soviet Union's Sputnik launch to “insure trained manpower of sufficient quality and quantity to meet the national defense needs of the United States.” A focus on science, technology, engineering, and math as well as foreign language became a priority (National Defense Education Act of 1958, 2012). -
Elementary and Secondary Education Act of 1965 (Statutory Law)
This federal law was signed by Lyndon B. Johnson in order to provide additional funding in K - 12 schools to improve the quality of U.S. education and to provide additional funds for schools serving low-income (Title 1) students. It has been reauthorized many times and was eventually amended to add Title VIII regarding gifted and talented students in 1969 (Elementary and Secondary Education Act, 1965, 1969, 2012). -
The Marland Report or "Education of the Gifted and Talented" Released to Congress
Sidney P. Marland, U.S. Commissioner of Education issues a report to Congress titled “Education of the Gifted and Talented” that outlines the failure of U.S. schools to properly educate gifted students to their full potential and the underrepresentation of disadvantaged and minority groups in gifted programs. “The Marland Report” recommends a broader definition of giftedness as well as instructional strategies and grouping recommendations still widely accepted today (Marland, 1972). -
Jacob Javits Gifted and Talented Students Education Act of 1988 (Statutory Law)
This Act funded The National Research Center on the Gifted and Talented and provided grants for research in the field of gifted education. The program focuses on serving students underrepresented in gifted programs such as minority students, economically disadvantaged students, and students with disabilities (Jacob Javits Gifted and Talented Students Education Act of 1988, 2012). This program recently survived another proposed budget cut in 2019. -
National Excellence: A Case for Developing America's Talent
The "National Excellence: A Case for Developing America's Talent" is released and once again outlines the failures of U.S. education to meet gifted learners' needs, estimating that gifted students know 35-40% of the curriculum prior to entering each grade level and observing that most teachers make no attempts at differentiation. The report also confirms again that disadvantaged and minority students are frequently overlooked for gifted programs (U.S. Department of Education, 1993). -
Texas Education Code (Statutory Law)
Section 29 of the Texas Education Code defines "gifted and talented" students and requires that each school district in the state develop an identification process for gifted students. This section also requires that The State Board of Education develop and periodically update a state plan for the gifted to provide guidance to Texas school districts. -
No Child Left Behind Act of 2001 (Statutory Law)
The No Child Left Behind Act of 2001 replaces and reauthorizes programs, including the Javits program, included in the Elementary and Secondary Education Act. The phrase "...and who need services and activities not ordinarily provided by the school in order to fully develop those capabilities" is added to the definition of gifted and talented students. (No Child Left Behind Act of 2001, 2012). -
Every Student Succeeds Act of 2015 (Statutory Law)
This is the current name for the Elementary and Secondary Education Act of 1965 (most recently the No Child Left Behind Act). This law continues to focus on equity for minority and low-income students. It requires districts to keep data regarding the achievement of gifted students and specifies that federal monies received must be used for "all" students including gifted and talented students with a focus on teacher training (Every Student Succeeds Act, 2015). -
Current State of Gifted Education Summary
Continuing disparity and inequity exists in several areas.
Gifted students do not have the same rights to an "appropriate public education" as special education students.
Minorities and underprivileged students continue to be underrepresented in GT programs..
Wide disparity exists in identification and service models across the state even when similarly-sized districts are compared.
The Texas State Plan for the Gifted is currently being revised with a draft released for comment. -
References Page 1
2 Texas Education Code § 29.121 to 123 (1995). Brown v. Board of Education, 349 U.S. 294. U.S. Supreme Court,
1955. Elementary and Secondary Education Act of 1965, 20 U.S.C § 6301
(2012). Every Student Succeeds Act of 2015, 20 U.S.C. § 6301 (2015). Jacob Javits Gifted and Talented Students Education Act of 1988, 20
U.S.C. § 3061 to 3068 (2012). -
References Page 2
Marland, S. P. (1972). Education of the gifted and talented (Rep.).
Washington, DC: U.S. Government Printing Office. National Defense Education Act of 1958, 20 U.S.C. § 481 to 485
(2012). No Child Left Behind Act of 2001, 20 U.S.C. § 6301 (2012). U.S. Constitution, Amendment XIV U.S. Department of Education. (1993). National excellence: A case
for developing America's talent (Rep.). Washington, DC: Office of
Educational Research and Improvement.