Who is legally responsible for protecting the rights of gifted students?

The legal responsibility for protecting the rights of gifted students primarily lies with individual states. This is because education is largely governed at the state level, which means that state legislation and policies determine how gifted education programs are implemented and the rights afforded to these students. Each state establishes its own guidelines and measures to support gifted students, ensuring that they receive appropriate educational opportunities.

While the federal government provides overarching laws related to education—such as the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act—these laws are not explicitly focused on gifted education. Local education agencies (like school districts) implement programs and services based on state laws, but they do not bear the full legal responsibility themselves. Similarly, national associations, while influential in setting standards and advocating for policies, do not have the authority to enforce rights legally. Thus, the individual states play a crucial role in safeguarding the educational rights of gifted students through their own laws and regulations.