Hi Debra,
School teachers and administrators are not legal experts. Obviously neither am I, and I could misinterpret the laws/statutes just as easily as they could.
It would be good to find some person with legal expertise and experience that could help you. Maybe the gifted teacher has just been misinformed, it happens all the time and not just with teachers. If it wasn't complicated, there wouldn't be experts out there who make their living navigating it!
My heart and best wishes go out to you. Good luck.
Incog
