Consequently, she appears to have no legal right to an appropriate education in the public school sector - she has no diagnosed conditions.
... federal law that ALL children to be provided with a "free and appropriate education".
Another catch phrase right now is "annual yearly progress" which basically means that each child should be able to show a year's worth of growth in an academic year, if your child's scores haven't increased enough from the beginning of this year to the end, then you can also use that as reason for acceleration - to allow her to have the opportunity to have a year's worth of growth in an academic year.
Kerry - thank you for pointing to 'free and appropriate education' federal law and 'annual yearly progress' requirement.
Unfortunately, it looks like it would be difficult to use the latter argument ('annual yearly progress'), as a gifted child would normally have large progress even if taught nothing in school - because of the exposure outside the school. (I am playing the devil's advocate here. I do not know how to help the argument.)
Example: suppose, the child is in 1st grade in school, and his level moves from 3th to 4th grade (according to an out-of-level test, like NWEA MAP) between the start and the end of the school year. Of course, the child was not taught that in the school, but the school would just argue that the child got his 'annual yearly progress' anyway, and they have to do nothing.
