Services
for Gifted and Talented Students with Disabilities
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
In Pennsylvania,
students (with or without disabilities) who are gifted/talented are
eligible for special services (such as acceleration and enrichment
courses) under Pennsylvaniaâs special education laws. A student is
considered gifted/talented if his or her IQ is 130 or more or if the
student otherwise has outstanding intellectual and creative ability.
For these students, the methods to secure appropriate services are
essentially the same as those for any other special education student.
These methods have been discussed in other articles in this series,
available on our website.
In New Jersey,
the situation is different. There is no specific entitlement to special
education for gifted/talented students. But in April 2000, the New
Jersey Department of Education adopted regulations to require school
districts to identify gifted/talented students (whether or not they
are disabled) and to provide them with appropriate curricular adaptations
and strategies. This is a start, but the regulations leave much to
be desired. However, if the gifted/ talented student also has a disability,
the student can take advantage of the standard special education laws.
Determining how
to access the special education system in New Jersey for a gifted/talented
student will depend on the studentâs unique abilities and needs. A
student with very high potential who does not perform up to his or
her potential may fit the definition of "Specific Learning Disability,"
even if he or she generally gets good grades. As another example,
a gifted/talented student who has a hard time paying attention or
keeping up with assignments may fit the diagnostic criteria for Attention
Deficit Disorder. This can be used as the basis for establishing eligibility
for special education and related services.
In either state,
once the student is found eligible for special education and related
services, the Individualized Educational Program (IEP) process begins.
Recent cases have made it clear that special education students are
entitled to IEPs that are geared towards their educational potential.
Thus, whether in Pennsylvania or New Jersey, an appropriate educational
program for a gifted/talented special education student will need
to address the studentâs unique strengths and weaknesses.
Copyright 2001
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
