SENG Community Groups (SCGs)1 support parents in understanding and meeting the emotional needs of their children, often resulting in 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 may not know how to find out or where to start.
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 laws2 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 the 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 had 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,3 Kentucky,4 New Mexico,5 and Texas6), 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 spread across multiple areas of a state’s Education 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”7 for gifted student needs, and the strength 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,8 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. Acceleration9 is one way to provide needed challenge, and it is supported by research10 as one of the most effective interventions in gifted education, although some educators are unfamiliar with its benefits. When acceleration policies follow recommendations, and when educators and parents carefully follow those policies in making decisions for individual students, research has found 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. In other words, to avoid missing 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 to locate acceleration laws.
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 “a physical or mental impairment which substantially limits one or more major life activities,” they may qualify for school accommodations, services, or supports. Anxiety and other mental health diagnoses can qualify among these impairments, and when students have any qualifying disability, a 504 plan can reduce the stress of unmet 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.
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 school.
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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. The challenges students face often change as they grow, but pairing school advocacy with home support can strengthen a family’s ability to address these changing needs, giving children with advanced abilities a better chance to thrive at school and at home.
© 2025 SENG, Fulton Jeang PLLC, and Emily Villamar-Robbins, All Rights Reserved. Do not reproduce without permission. This article is provided for informational purposes only, does not establish an attorney-client relationship, is not legal advice, and should not be relied on as legal advice.
Resources:
- SCG Community Groups, SENG, sengifted.org/scg-community-groups
- 2022-2023 State of the States in Gifted Education, NAGC, www.nagc.org/state-of-the-states
- www.cde.state.co.us/spedlaw/ecearules-0
- apps.legislature.ky.gov/law/kar/titles/704/003/285/
- web.ped.nm.gov/wp-content/uploads/2024/12/Gifted-TAM-2023.pdf
- statutes.capitol.texas.gov/?tab=1&code=ED&chapter=ED.33&artSec=33.006
- statutes.capitol.texas.gov/?tab=1&code=ED&chapter=ED.33&artSec=33.006
- Grouping, NAGC, www.nagc.org/grouping
- Acceleration, NAGC, www.nagc.org/acceleration
- Position Statement, Acceleration, NAGC, assets.noviams.com/novi-file-uploads/nagc/Position_Statements/NAGC_Acceleration_May25FINAL.pdf
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, and her current practice offers legal advising and assistance to Texas parents in school law matters, including gifted education, acceleration, twice-exceptional access, and other advanced learning needs. More information about her practice and contact details can be found at www.fultonjeang.com/emily-villamar-robbins.
