Legal Issues

Information, news and resources for high ability students and their advocates.

  • Wisconsin Department of Public Instruction Gifted and Talented Rules & Statute -Wisconsin Standard (t) and statutes related to the education of academically advanced students.

     

  • On March 2, 2006, a lawsuit was filed in Dane County Circuit Court against the Wisconsin Department of Public Instruction and Superintendent Elizabeth Burmaster. The lawsuit challenges DPI’s failure to promulgate rules to govern public school districts in educating pupils identified as gifted and talented.

    At present, DPI estimates that there are over 51,000 Wisconsin school children enrolled in Wisconsin’s public schools who are gifted and qualify for special educational programs. However, Wisconsin lacks a comprehensive, objective and clearly defined set of rules to ensure that all 426 school districts in our state meet the needs of these students. A recent Legislative Audit Bureau investigation demonstrated that in the absence of these rules, the needs of these gifted and talented students are not being met. According to DPI, this problem is only getting worse.

    DPI has acknowledged that, “Wisconsin state law requires school districts to establish programs for these pupils, but the fiscal pressures facing many school districts has led a growing number of them to severely curtail or eliminate these programs.” DPI has acknowledged that gifted students are the most underserved pupils in public schools and that “too often, these pupils are ignored, restricted or underachieving and, if not part of the typical dropout statistics, have become in-school dropouts.”

    On November 29, 2005, approximately 200 parents filed a Petition with DPI asking that DPIcreate rules to ensure that the educational needs of gifted children are being met. By letter dated February 1, 2006, DPI refused to issue those rules. The March 2, 2006 lawsuit challenges DPI’s denial of that Petition and asks the Court to order that DPI create these rules that are required by state law.

    According to Todd Palmer, a parent and attorney that had filed the lawsuit, “Many school districts simply ignore the needs of gifted and talented students because adequate rules are not in place to define appropriate programs for these children and to ensure those requirements are enforced.”

    According to Palmer, “Recent surveys show that 60% of the Wisconsin school districts plan to cut or altogether eliminate their talented and gifted programs despite the statutory mandate that requires these programs to be offered to students.” He believes this state’s problem is exacerbated by a lack of federal funding for gifted education, “recent estimates predict that only 3/10 of a penny per $100 spent on education in this country is devoted to gifted children.”

  • 16 November 2006 - State gifted education advocate and Madison attorney Todd Palmer recently filed a request for a judicial "summary judgement" in the matter of "Todd Palmer v. The State of Wisconsin Department of Public Instruction and Elizabeth Burmaster."
  • 8 December 2006 - DPI and Superintendent Burmaster filed a 39 page response to Todd Palmer's request for a "summary judgement." The Superintendent avoids responding to the substantive arguments, but instead seeks to have the case dismissed on procedural grounds associated with the evidentiary record.
  • 3 January 2007 - Todd Palmer filed a response to DPI's brief.
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Last Modified

9 January 2007