Hiring an attorney to help advocate for a gifted child's proper placement?

[SKL]

Just wondering whether this is an avenue to consider. As I've mentioned before, my 4yo DD needs to be accelerated at least into KG this year, or 1st next year. I have had zero success at getting someone in the public school system to talk to me. (Private schools aren't interested, either.) Not that I'm giving up, but I get the definite impression that they just don't care about kids like my daughter. And I suspect she has the right to be given some sort of consideration.

 

I do not mind, as a one-time thing, going out on my own and paying for her to be tested or whatever it takes to get someone to pay attention. But my problem is that I'm not sure whom I should even be talking to. I wonder if there is someone out there - maybe an attorney - who can help someone like me navigate this stuff.

 

Any thoughts?

[courtney.byrum]

I don't know what would work best for you but I know some people have hired an advocate to help. I have also heard that schools often will not accept outside testing so I would verify that before spending the money.

 

We had my son evaluated through the school and it still didn't get him any acceleration (even though he tested high and also tested high on the achievement test). We ended up able to be accepted to Davidson YS through the school testing but he would still have been in a regular 1st grade class with the 'chance' of maybe going to 2nd for math - while he was doing 3rd grade math in K.

 

Our outcome was to use k12 through a VA (may eventually change but for now it works for us) and keep him at grade lvl for his age but get him harder work.

[Sushi's Mom]

It depends how gifted your child is. If profoundly gifted, then try the Davdison Institute. You'll have to wait until she turns 5 though.

 

http://www.davidsongifted.org/youngscholars/Article/Davidson_Young_Scholars___Frequently_Asked_Questions_381.aspx

 

There might be some advice on Hoagies also, but I haven't looked there in many years.

[wapiti]

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[Gratia271]

I don't think an attorney can help in this scenario.

 

I'd first thoroughly read anything available about G&T on your district website. The answer to your question might be there. I'd be surprised if they admit anyone to K prior to age 5 - it would be the rare district that allows early K, from what I understand ($), though I've heard of it here and there. If it's not on the website, call the G&T department. Find out what they offer, decide whether you'd want it and ask what you'd have to do to get it. For example, our district used to accept private testing for their full-time gifted program but no longer does.

 

Unfortunately, I think you may be disappointed by what your dd has the "right" to. Gifted programming varies widely amongst the states. It does not have the same legal requirements as cases of learning disabilities. In many places, gifted programming does not begin until 3rd grade. Some places are catagorically against grade acceleration. Some may give lip service to differentiation within the classroom, but how it pans out depends on the entirely on the teacher.

 

For 4 y.o., I think you may be much better off with private schools for a couple years. I'd first look for private gifted schools near you, if there are any. I'd also consider Montessori preschools - some, particularly those that hew closely to true Montessori principles, may allow great flexibility in the level at which a student is working. Finding such an arrangement would involve a lot of talking with principals and teachers, but it's the first place I'd look after gifted schools. We have had good luck with a Montessori preschool, but our satisfaction also varies quite a bit amongst teachers at the same school. We hit the jackpot twice (both of whom have moved on - how dare they ;)), the third one leaves a whole lot to be desired, and the fourth one is still new to us but very experienced, so we'll see (note: my kids are not PG).

 

Even for a private gifted school, there's likely to be some testing involved. Usually, their websites will include a lot of specifications for admission and recommendations for testers (such testers are likely to be very experienced with gifted kids, so I'd heed such recommendations).

 

I agree with the suggestions to look around Hoagies - maybe there's a section describing what is available in different states, I'm not sure. Also check out the Davidson website which might have something similar. Good luck!

 

:iagree:

We arrived at this juncture years ago with our firstborn and decided to homeschool as a result. I had no intention to homeschool at the outset but quickly realized the only school for our children was the gifted school in our community. Since we were committed to the classical methodology and that particular school did not use this method, we began homeschooling.

 

Good luck trying to figure things out. It is a real challenge.

[Dmmetler]

First of all, find out whether GT falls under child find in your state. If it does, apply to have your DD tested. Not for early K, specifically, just to have her tested. If she qualifies, and IF GT falls under an IEP, then early K would be a possibility when it comes time to write the IEP. With the IEP in hand, you then can go to private schools and see what they say and if they'd be a better fit, and make a choice from there. If GT is a child find area, a lawyer isn't going to help much because it's a matter of filing the right paperwork (in our district, a pediatrician referral was what opened doors quickly). If it isn't, I doubt a lawyer can make that door open at all.

 

Having said that, you may find, as we did, that getting access to school boxes a year early didn't make them a better fit.

[Crimson Wife]

Unfortunately, hiring an attorney is only helpful with special ed. If your child were "twice exceptional", then the IEP could specify accommodations for both the giftedness and the learning disability. But if your child is just gifted without a LD, then unfortunately, you're S.O.L. :(

[matilda]

I wonder if you want to consider private testing. Private testing would give you as a parent a better idea of how hard you need to push this, based upon how high she scores.

 

Have you looked to see if your state has a gifted education organization? They may be able to recommend a tester and help you navigate the school system.

[gingersmom]

I would think that at a first glance a parent showing up and announcing their 4 year old is gifted and needs to be in 1st/2nd grade means nothing to a school (whether public or private)

 

Don't you know that every parent thinks their child is gifted? :001_smile: Why do you think there is so much competition in NYC for the private schools.

 

I would start out by having your child tested. At least then you would have something to show.

 

My children have been in private school and if a child is truly "gifted" they have no problem having them take the appropriate class with a different grade than the one they are currently in.

[mommaduck]

I believe that it really does depend upon HOW gifted. There are many students that are accelerated/advanced, then they slow down, then they speed up again. This is one reason why they don't jump right away to advance a particularly young child.

[snowbeltmom]

I don't think an attorney can help in this scenario.

 

...Unfortunately, I think you may be disappointed by what your dd has the "right" to. Gifted programming varies widely amongst the states. It does not have the same legal requirements as cases of learning disabilities. In many places, gifted programming does not begin until 3rd grade. Some places are catagorically against grade acceleration. Some may give lip service to differentiation within the classroom, but how it pans out depends on the entirely on the teacher.

 

 

:iagree:

Ohio requires each district to test its population to determine what students are gifted. However, that state of Ohio does not require the school system to provide any services to its gifted population.:confused:

 

Theoretically, the school systems are supposed to provide acceleration (both subject and entire grade level skips), but it has never happened at the elementary level in our district.

 

I have had friends who have hired attorneys in an attempt to get their gifted children's needs met, but they determined that it was a waste of money. I got sick of "advocating" for my kids; we are in our 4th year of homeschooling. My only regret is that we didn't start sooner.

[LisaDSB]

I'm a lawyer myself, as is my husband, but that didn't help us any when it came to negotiating for educational accommodations. My kids were at a private Montessori school and I tried to advance one son into the elementary program a year early. I gathered my evidence (an IQ test, placing him in the 99.9 percentile and various resources on gifted education). They were unmoved by my argument and insisted that his social development would be hindered by his losing his leadership year (the top year of a 3-year age grouping).

 

I also interviewed the local public school (we're in Canada), where I was informed by the principal that, while they would be delighted to have my children attend, they could not offer any accommodation whatsoever until it was time for gifted testing in grade 4.

 

We gave Montessori another year (during which they promised to provide enrichment, but rarely did) and then we began homeschooling.

 

Maybe other jurisdictions or school boards (or even private schools) are more accommodating, but that wasn't my experience. Unless there is a provision in your governing legislation (say, for acceleration or enrichment) that would help you, and that the school is breaching, I'm not sure a lawyer would really help.

 

Having said all of that, I'm involved with some international gifted advocacy groups, and I know of at least one advocate who is trying to suggest that this is a civil rights issue and frame the argument as such. Maybe some attorney will successfully argue in a court of law that failure to educate at all (which is what happens when you already know everything you're being "taught") is a breach of civil rights.

[Runningmom80]

I'd get her tested first, and then go from there.

[Robbin]

I recall a seeing a teaching friend of mine a few hours after open teacher parent day. I asked why she looked frustrated and she said every single parent that visited that day said that their child was gifted! Therefore, it is hard to get taken seriously when you really do have a gifted child. I agree with the private testing idea but most schoold won't do anything special until the child is older.

[boscopup]

I also think you'll need private testing. There are so many parents that think their kids are gifted going into K, that it's easy to dismiss. You need to have proof that your child actually IS gifted, and not just a bright slightly early reader. Then maybe someone will take you seriously... maybe. :glare:

 

I strongly doubt the public school will do anything before your child actually enters the system at K age. The teacher can then see what the child is like in the classroom and discuss options for acceleration or possibly grade skipping, but I think it's very rare to get a 4 year old into public school K. Again, it's hard to distinguish "gifted" from "bright" at that age, plus the school system would have to rely on parents' description of the child rather than a teacher actually witnessing the child in the classroom.

 

I understand your DD is currently bored in her preschool program? Is it an academic program? Perhaps she'd do better in a play-based program where academics isn't the focus? Then you could do academics at home. Another thought... Are there any homeschoolers in your area that do in-home daycare? I know you have to work and need childcare while you are at work, so maybe that would be an option for "homeschooling" at her level while you can continue to work. I know there are other moms around here that work and homeschool, so you might talk to them and see what options might be for childcare.

[Staceyshoe]

Is your school not following their own policies? My oldest started K shortly after turning 4. He was too young to qualify for the "early K" policy, so we approached it as a "whole grade acceleration." Ds was still 3 when I called to request the necessary testing according to their policy. The school was repeatedly downright rude to me, but they did follow their own policy. After testing, their tune totally changed. In fact, the most difficult person became our biggest advocate. The acceleration team unanimously decided in favor of it, and ds was the youngest kid to ever attend their school. It went reasonably well. In retrospect, I understand that they probably do get calls from lots of parents whose children may not have special learning needs for acceleration.

[melmichigan]

My oldest DD started K at 4. That said, depending on the level of GT it may not help in the long run. I suggest testing as your first step. :)

[Iucounu]

It's definitely true that the types of legal arguments you can make for a non-disabled gifted child vary by state (because there is no general entitlement to special education for gifted children under federal law). Hence there are some states where hiring a lawyer won't do diddly-squat, and others where it might.

 

However, I also agree that hiring a lawyer generally is not going to be a good option in this situation. You'd be better off with an advocate who's an expert on giftedness, rather than an expensive attorney who would just make the same sorts of arguments you'd make in the sorts of informal settings in which you'd be making them, i.e. schoolhouse meeting rooms and such. If you were to eventually want to bring a lawsuit, then would be a good time to consult an attorney. But it's likely that if your entitlement to services were made clear, perhaps making use of your state's procedures for escalating such matters, you'd eventually get them.

 

Start by finding out just what your gifted child is entitled to, under your state's laws and administrative regulations, and the rules of your local school district.