It will depend strictly on the laws of your state and any written policies in your district. In Michigan, we have no gifted laws so this is perfectly acceptable and the "law of the land". My DD had a 33 point discrepancy but there was no obligation for the school to provide anything but the standard education. There is a small section in IDEA that wasn't changed with the updates in 2004 that we were able to use to get a dual enrollment for my DD. I considered that a great victory, even though it lasted for just a year.
