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.”