The underrepresentation of minority group children among those students identified for gifted and talented programs as an issue under the equal protection clause of the Fourteenth Amendment

Abstract

State and national statistics relative to the proportionality of ethnic minority group students who are identified for gifted educational programming are dismal. This lack of proportionality is an ethical issue for educators and may well be an issue in constitutional law. This study involved the analysis of information from three sources: case law, data from the Office for Civil Rights, and information from the United States state departments of education.

Under the fourteenth amendment, the government classification of persons must be reasonably related to a permissible state purpose. The state must treat all persons similarly who are similarly situated in relation to the purpose of the classification. The federal definitions of gifted children suggest that the purpose is to_ allow identified students to develop their abilities. The language of some states is specific to test scores which many believe to be discriminatory because it does not allow the identification of all students who are similarly situated relative to the purpose.

A possible legal argument relates to the continued use of state language which results in a disparate impact on minority children. Although circumstantial, the Office for Civil Rights data is evidence that states have known of the disparate impact and have not changed their official language relative to the identification of children for gifted educational programming. The argument suggests that the state does not really intend to find all students who are similarly situated with respect to the state's purpose.

State language is suggested which broadens the definition of giftedness and would encourage or even require that local educators reconsider their identification procedures with an understanding that giftedness is not demonstrated the same way by all persons. The elimination of barriers in the state language used in statutes, policies, guidelines, and other documents is the minimum that states must do to comply with the equal protection clause of the fourteenth amendment.