Gifted Issues Discussion homepage Forums Twice Exceptional Denied gifted class for behavior?

This is my first time posting here. My son is 7 years old, going into the 2nd grade, gifted, severe ADHD, and borderline/mild autism. He also has physical developmental delays and sees an occupational therapist, and just graduated from speech. He goes to a private school. The school is adding a gifted program this year. He hasn't had his IQ tested since he was 4 (during autism/ADHD testing), but he scores 99% on the Iowa assessments. That's the only standardized testing they do. He also gets "outstanding" for all of his grades, but "needs improvement" for behavior/social areas.

We decided to medicate and have been adjusting his meds to find the right one for him. We are also working with a developmental specialist pedi on this because we are in a large metro area we have access to all kinds of specialists. I think we have found the right combo this summer, but will have to see how he does in school.

Anyway, the school says his behavior needs to improve to join the gifted class (he is mainstream). His OT is recommending behavior therapy. Has anyone had this situation and what did you do?

It sounds like discrimination based on disability, but if it's a private school, I guess there's nothing you can do about that. Have you talked to the person in charge of making these decisions to find out what his behavior has to do with that class not being a good fit?

The US Department of Justice says that it's illegal to keep kids out of gifted services on the grounds of disability.

https://www.justice.gov/opa/pr/larg...-lawsuit-alleging-discrimination-against

You can also look to the Office of Civil Rights for help: this is Wrightslaw's page about this situation:

http://www.wrightslaw.com/blog/school-says-no-advanced-classes-for-kids-with-ieps/

The key word you want to use in this conversation is FAPE (Free, Appropriate Public Education). Becuase your child has a disability, he is legally entitled to FAPE. This means that he should be given an education appropriate to his needs, which certainly includes gifted services if he has qualified for them.

Nitpick, FAPE and the like apply to public institutions, not private schools.

Welcome!

You mentioned that your child attends a private school. In general a private school may set its own rules. You many wish to check any rules and policies published by your child's school (often found online and/or in a parent/student handbook) to see whether this circumstance has been addressed and a school policy developed. For example, what are the criteria to qualify for the gifted program?

Wrights Law is considered the authority on explaining laws regarding learning disabilities pertinent to public schools in the US. This quote is one of many pieces of information on their website which may be of interest to you:

First off what kind of gifted program is it? Are they only focused on the high achieving kids? High achieving & gifted kids? Gifted kids regardless of achievement? What is their experience with 2e kids?

My DS's behavioral issues magically disappeared when he switched to a gifted class with gifted peers and with a teacher that appreciated and accommodated 2e kids. In our case most of the kids had issues in the mainstream before being selected for the program and the criteria was based on IQ scores (not achievement). Frustration with both e's were at the base of his behavioral issues so once the frustration was decreased for both he was much better behaved. If we had thrown him into a room of competitive high achievers and/or didn't properly accommodate his LD I suspect it would have been a complete disaster so I think the type of gifted program is key.

If it isn't limited to high achieving kids is there any chance of doing a trial of some sorts?

Oops, sorry, missed the sentence about private school.

Yes, in a private school you have less legal recourse.

Nonetheless, the Justice Department link I cited was regarding private schools: one does not give up all one's civil rights by enrolling in private school.

Great questions above. What's the school's level of understanding of gifted learners? If it does not include understanding that sometimes, the lack of challenge or slow pace can increase behavioral issues, perhaps you can share some of that information with them. Advocating for a trial period based on his scores would be worth a try, too. Do they know about his diagnoses?

However, if this is going to be a class for perfect little angel students, it might not fit anyway.

Thank you for so much information! I will definitely mention to the school discrimination based on disabilities. I do know, from the IEP advocate we used in public school, that the private school can do whatever they want and make their own rules. I will also speak to the developmental specialist he sees to see if she can help. The school is familiar with her and generally takes her recommendations.

I have no idea if it is high achieving vs gifted or mixed. I never even thought of that. Since it is the first year of implementation they are starting with pulling out once a week for half a day. Next year it will be a full day once a week.

Most of DS's behavior issues are typical ADHD: talking out of turn, NEEDING to be the one to answer the question he knows the answer to, needing repetition of instructions, difficult transitions, wanting to sit and finish the work instead of moving on, thus leaving unfinished work, trouble sitting still (duh).

Any additional tips you have are welcome!

Exactly, if the people in the school do not accept and understand 2e learners, it is probably pointless trying to push for them to accept him into the program. You can try to educate them, but unless they are fully on board, the program will probably be one challenge after another, as teachers etc. make complaints rather than trying to help/support.