Legal Tools for Supporting the Emotional Needs of Gifted Students

SENG Community Groups (SCGs) help parents to understand and meet the emotional needs of their children, supporting stronger communication and connections at home. In some cases, however, a school environment may also need adjustment. When school contributes to a child’s emotional challenges, parents may wonder whether their school is doing what it should, and they may not know how they can find out or advocate.

Fortunately, a number of states have laws requiring GT (gifted and talented) services, and some of these laws address social and emotional needs. For gifted children with disabilities (twice-exceptional), federal law may entitle them to accommodations or services that can directly or indirectly support mental health. When a child is struggling but wants or needs to remain in public school—or when things are stable, but parents see potential for improvement—exploring legal protections can be an important part of supporting a child’s overall well-being.

State Laws: Gifted Education 

How can parents find out whether their state has GT laws, and what those laws require? The National Association for Gifted Children (NAGC) periodically updates a summary of state laws related to gifted education, and a searchable PDF is available for download. As of 2022-2023, 46 states defined the term “gifted,” 35 states required identification of gifted students, and 25 states required gifted services in public schools. The scope of these laws varies from state to state, especially when it comes to emotional needs.  For example, while 20 states offered opportunities for school counselors to learn about GT education, only 5 states had requirements for counselors to actually engage in this learning.

A few states specifically require that gifted services address social, emotional, and/or affective needs (examples: Colorado, Kentucky, New Mexico, and Texas), and additional states require teacher training on this topic. For help analyzing requirements, parents can consult GT-focused nonprofits or attorneys familiar with GT requirements in their state. Assistance can be especially helpful when requirements are scattered across multiple areas of a state’s code or when knowledge about current practices would strengthen advocacy. For example, in Texas, most of the state’s GT laws are in Chapter 29 of the Texas Education Code, but Chapter 33 also requires school counselor involvement in a “comprehensive developmental guidance program” that includes gifted needs, and the delivery of these services can differ between districts.

Even if a state’s GT laws do not provide social/emotional services, they may address other needs that impact a child’s well-being. For example, since gifted children can benefit academically, socially, and emotionally from access to similar-ability peers, and because differentiated instruction is more effective when gifted students are grouped together, many states require this grouping.

If a family discovers that their school is not following a law that could impact their child, they can advocate either individually or with professional assistance to move towards compliance. Families can also work together in groups to bring about changes in district policies or even changes to state laws.

State Laws: Acceleration 

As many parents know, a lack of appropriately challenging instruction can contribute to stress. Acceleration is one way to provide needed challenge, and it is supported by research as one of the most effective interventions in gifted education, although not all educators are familiar with its benefits. When acceleration policies follow recommendations, and when educators and parents carefully follow those policies in making decisions for individual students, research shows that acceleration can be beneficial academically and even socially.

Acceleration laws and regulations vary from state to state and may be separate from a state’s GT requirements. For example, in Texas, full-grade acceleration (skipping a grade) and single-subject acceleration in grades 6–12 are controlled by the “Credit by Examination” process, available to any student who meets certain criteria, but in grades K–5, districts are only required to offer single-subject acceleration to GT students, a requirement found in state GT regulations. To avoid missing acceleration requirements, parents and schools may need to review multiple laws and regulations. The University of Iowa’s Acceleration Institute website is a good starting point.

Federal Law: Section 504

For twice-exceptional students, Section 504 of the Rehabilitation Act of 1973 protects individuals with disabilities from discrimination and gives them certain rights at school. If a student has “a physical or mental impairment which substantially limits one or more major life activities,” as defined by Section 504, they may qualify for school accommodations or services. Anxiety and other mental health diagnoses can qualify among these impairments, and a 504 plan can reduce the stress of unmet disability needs. Section 504 applies to all programs and activities that receive federal funding. These protections include public schools and can include private institutions, extending into college as well. It is important to note that disability accommodations must be equally available in advanced and accelerated courses.

Federal Law: IDEA

Some gifted students with disabilities qualify for services under the Individuals with Disabilities Education Act (IDEA), and public schools must look for eligible children, an obligation called “Child Find.” Parents who suspect their child may have a qualifying disability can request an evaluation. Some educators may not realize that students may need both gifted and special education services, and learning about common myths may help parents address misconceptions as they advocate. Additional laws and rights may apply to an individual child’s disability and/or emotional needs, including the ADA or state counseling requirements for all students in public schools.

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Educational decisions often require significant time, work, and patience, and families in states without strong GT laws may decide to explore alternatives to public school. In many states, however, GT legal requirements can make public school a viable option, and exploring relevant laws and regulations can expand a parent’s toolbox for addressing social, emotional, and academic needs. These challenges may change as children grow, but pairing school advocacy with home support can strengthen a family’s ability to address these evolving needs, giving children with advanced abilities a better chance to thrive both at school and at home.

Resources and further Readings:

1. 1. SCG Community Groups, Supporting Emotional Needs of the Gifted, web resource, sengifted.org/scg-community-groups
   2. 2022-2023 State of the States in Gifted Education, National Association for Gifted Children, www.nagc.org/state-of-the-states
   3. 1 Colo. Code Regs. § 301-8:12.02(2)(f). Rules for the Administration of the Exceptional Children’s Educational Act. www.cde.state.co.us/spedlaw/ecearules-0
   4. 704 Ky. Admin. Regs. 3:285 § 6(4). Programs for the Gifted and Talented. apps.legislature.ky.gov/law/kar/titles/704/003/285/
   5. New Mexico Gifted Education Technical Assistance Manual (2023), web.ped.nm.gov/wp-content/uploads/2024/12/Gifted-TAM-2023.pdf
   6. Tex. Educ. Code § 33.006(b)(1)(C). School Counselors; General Duties. statutes.capitol.texas.gov/?tab=1&code=ED&chapter=ED.33&artSec=33.006
   7. Tex. Educ. Code § 33.006(b)(1)(C) (chapter 33 requirements for gifted services). School Counselors; General Duties. statutes.capitol.texas.gov/?tab=1&code=ED&chapter=ED.33&artSec=33.006
   8. Grouping, National Association for Gifted Children, web resource, www.nagc.org/grouping
   9. Acceleration, National Association for Gifted Children, web resource, www.nagc.org/acceleration
   10. Acceleration, Position Statement, National Association for Gifted Children, May 2025, assets.noviams.com/novi-file-uploads/nagc/Position_Statements/NAGC_Acceleration_May25FINAL.pdf
   11. Lupkowski-Shoplik, A., Behrens, W. A., & Assouline, S. G. (2018). Developing academic acceleration policies: Whole grade, early entrance & single subject. Belin-Blank Center, University of Iowa. https://www.accelerationinstitute.org/Resources/Policy_Guidelines/Developing-Academic-Acceleration-Policies.pdf
   12. Shoplik, A. (2022, September 8). What does the research say about academic acceleration? Belin-Blank Center, University of Iowa. Blog post, https://belinblank.wordpress.com/2022/09/08/what-does-the-research-say-about-academic-acceleration/
   13. Cross, T. L., Andersen, L., & Mammadov, S. (2015). Social-emotional effects of acceleration. In S. G. Assouline, N. Colangelo, J. VanTassel-Baska, & A. Lupkowski-Shoplik (Eds.), A Nation Empowered: Evidence trumps the excuses holding back America’s brightest students (Vol. 2). Belin-Blank Center, University of Iowa. https://ncrge.uconn.edu/wp-content/uploads/sites/982/2022/12/ch3-A-Nation-Empowered-Vol2-3.pdf
   14. State Acceleration Policy, Belin-Blank Center, University of Iowa, web resource, https://www.accelerationinstitute.org/Resources/Policy/By_State/
   15. Credit by Examination, Texas Education Agency, web resource, https://tea.texas.gov/academics/learning-support-and-programs/credit-by-examination
   16. State Acceleration Policy, Belin-Blank Center, University of Iowa (state by state list), web resource,  https://www.accelerationinstitute.org/Resources/Policy/By_State/State_List.aspx
   17. Section 504 of the Rehabilitation Act of 1973: What you need to know, Understood.org, web resource, https://www.understood.org/en/articles/section-504-of-the-rehabilitation-act-of-1973-what-you-need-to-know
   18. Can you get a 504 plan for anxiety? Understood.org, web resource, https://www.understood.org/en/articles/can-you-get-a-504-plan-for-anxiety
   19. What is a 504 Plan? Understood.org, web resource, https://www.understood.org/en/articles/what-is-a-504-plan
   20. Disability discrimination: Equal access and opportunity. U.S. Department of Education,  https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/disability-discrimination-key-issues/disability-discrimination-equal-access-opportunities
   21. What is the Individuals with Disabilities Education Act (IDEA)? Understood.org, web resource, https://www.understood.org/en/articles/individuals-with-disabilities-education-act-idea-what-you-need-to-know
   22. What is Child Find? Understood.org, web resource, https://www.understood.org/en/articles/child-find-what-it-is-and-how-it-works
   23. The 13 disability categories under IDEA, Understood.org, web resource,  https://www.understood.org/en/articles/conditions-covered-under-idea
   24. What is the Americans with Disabilities Act (ADA)? Understood.org, web resource, https://www.understood.org/en/articles/americans-with-disabilities-act-ada

Emily Villamar-Robbins is an attorney with Fulton Jeang PLLC. She holds a J.D. from Harvard Law School and a Graduate Academic Certificate in Gifted Education from the University of North Texas. Her practice offers legal advising and assistance to Texas parents, including in matters related to gifted education, acceleration, twice-exceptional access, advanced courses, and disabilities. More information about her practice and contact details can be found at www.fultonjeang.com/emily-villamar-robbins.