Gifted Issues Discussion homepage Forums Learning Environments Nevada state law

My 5yo daughter's K teacher broached the subject of grade skipping with my wife and I a while back, then with our consent did all the legwork as far as testing and coordination with the rest of the staff. She's been great. Actually, everybody we've spoken with at the school has been nothing but helpful and enthusiatic about doing the best they can for my child. Tuesday (01/20) my wife and I met with the staff and we all agreed to move my DD to 1st grade effective today (01/22). Yesterday, once the paperwork was submitted, the principal got a call from a school district lawyer informing him that it was illegal. I went looking through the Nevada Revised Statutes today and found the statement: "If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday." I thought there would be an exception for gifted kids, and I've found a couple vaguely-worded bits concerning special provisions for gifted pupils, but nothing clear and definitive. It seems strange and slightly discriminatory as it prevents gifted K students from moving to a more appropriate academic environment. Also, she can't move to 1st, but there is no specific language prohibiting moving her to 2nd grade. Not sure I want to make a move that drastic, though. Is there anyone else here who has run up against this?

ps - sorry for the long 1st post

Hi Greg,

I'm no expert, but that seems like a violation of the Fair and Appropriate Education Act - gifted is covered under special education in some states; you should check Nevada. Is the school going to go to bat for you on this?

You may want to try calling your congressman if your supportive school administration is at a loss - you'd be surprised how much difference one phone call can make. I once called mine over a different type of matter, and someone was back with me the next day with a solution.

Hi Greg O! Welcome. Actually I though your post wasn't long enough!
How is DD doing? Does the testing suggest what kind of LOG you are dealing with? Spend some time in the first grade and 2nd grade classrooms and see what it's like for yourself.

Perhaps you can register her as a 2nd grader, and have her attend the 1st grade classroom, and start 2nd grade for real next september?

Love the idea of calling your Congressperson.

You aren't be any chance living near Reno? I would call the Davidson Young Scholar's Program and ask for some help there as well - not nescessarily to get into YSP, but which of their departments would be best to deal with the legal issues.

Basically I would advise you to repeat the vauge bits over and over and act like you are 100% sure that they mean YOU.

In other words, Bluff!

Best Wishes,
Grinity

Thanks guys, I really appreciate the feedback. We're still waiting to hear more from the principal but I'll look into contacting my congressman and be ready to do so. I also might be able to get more info from the district's lawyer directly.

The interim fix is splitting days, having her sit in with 1st grade in the morning and then going to her current K class in the afternoon. It's better than nothing, but I worry that it might draw more (potentially negative) attention from her 1st grade classmates. I was hoping for the transition to be as 'normal' as possible. I'll update when I hear something.

Greg,

This from the Davidson site about Nevada:



Yes Does gifted education legislation exist?

Pupils with Disabilities and Gifted and Talented Pupils - General Provisions

SB461 - University School for Profoundly Gifted Pupils (June 2005)

Distance Education in Nevada

Distance Education - Approved Course Provider List


Yes Does the legislation mandate that gifted students be served?

Unknown Was there funding for gifted programs for the 2004 - 2005 school year?

Yes Is identification of gifted students required by state law?
Identification begins in second grade, by parent/gaurdian request only.
No Does legislation provide for an education program matched to the student's abilities?

Yes Is there legislation that mandates specialized training in gifted education for teachers of gifted students?

No Are there colleges/universities in the state that offer courses and/or degrees in gifted education?



I would pay special attention to the YES answer to "Does legislation mandate that gifted students be served?" line - if you and the school have collaboratively determined that a skip to 1st grade will best serve your child's needs, then I think a case could be made for going around the law. Also, I was just thinking about this - who knows how long that law has been on the books? It could be one of those "It is considered an offense to open an umbrella on a street, for fear of spooking horses" laws (a real law that's still on the books in Alabama) that's just never been dealt with because there's never been a need. I'd look into it, because it seems almost as ridiculous.....

We are faced with the EXACT saw law in our state/district. We got around this law by having DS6 officially in K (half day morning class) but he attends first grade for the remainder of the school day. He would officially skip 1st and go to 2nd next year if we were staying with the school. This may be an option for you.

That would be nice, and aren't schools always talking about how much they care about a child's social development?

Still, half a loaf is better than none. She may find that she is so far to the top of the 1st grade bunch that a single year isn't enough. All you can do is try and see and be ready to change if needed.

Perhaps after a few weeks you can all agree to leave her in K on the books, but attend 100% of class time in 1st. But then you open yourself up to having to renegotiate next year. That's why I like the 'official skip to 2nd' and attend 1st, but you do have to be flexible, and hope for the best.

Best Wishes,
Grinity

Greg -

We are considering moving to Vegas, since CA is so prohibitively expensive. We have a daughter who will be 4 in November (and I know the NV laws) -- she's already reading at a 2nd grade level. So what happened with your daughter, the district, et al? Did you look into Hebrew Academy, Alexander Dawson or The Meadows and, if so, were any of them flexible?

Thanks!