While reading a parent’s education law guide written by attorneys here at Maya Murphy, I was initially surprised to read the following: “A child requiring special education in Connecticut includes not only children with disabilities but also those who are found to be especially gifted and talented.”[1] Indeed, “a child requiring special education” is not limited to those deemed eligible pursuant to the Individuals with Disabilities Education Act (IDEA; see my previous post), but a child that:
[H]as extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program.[2]
The Regulations Concerning State Agencies go into greater depth as to what constitutes “gifted and talented,” “extraordinary learning ability,” and “outstanding talent in the creative arts.”[3]
You may be asking yourself, “But how do I know my child is gifted and talented?” The State Department of Education produced a very informative list of FAQs, one of which directly addresses this question:
Some children are able to concentrate for long periods of time at a very young age or demonstrate their gifts and talents by using a large vocabulary, constant questioning, demonstrating unusual creativity, performing advanced math calculations, and/or exhibiting exceptional ability in specific subject areas.
Not all children, however, demonstrate their potential abilities and talents in the traditional manners mentioned above. Thus, concerned parents should consult with child development specialists, such as their local school officials, pediatricians, or higher education personnel for more information.[4]
Gifted and Talented (GaT) Programs
The rules governing gifted and talented (GaT) are somewhat similar to the mandates stemming from special education classifications under IDEA (and associated state law codifying its requirements). Schools districts must “provide identification, referral and evaluation for gifted and talented children.”[5] However, offering GaT programming is optional: “(c) Each local or regional board of education may provide special education for children requiring it who are described by subparagraph (B) of subdivision (5) of section 10-76a and for other exceptional children for whom special education is not required by law.”[6]
Thus, if you are the parent of a child identified as GaT and your school elects not to offer special programs or services, they are not denying your child the free appropriate public education, or FAPE, as is required under federal law.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
