The Wicked Smaht Kids: Seeking an Adequate Public Education for Gifted Elementary and Secondary Students in Massachusetts

January 2015/*/

This Note argues that the Massachusetts legislature underserves highly intellectually gifted students by neither identifying nor supporting the unique needs of such a population. The legislature is both enabled by the state constitution and charged by the Education Reform Act to provide an adequate education to all elementary and secondary students. The stated intent of the Commonwealth’s education directive purports to provide every child “the opportunity to reach their full potential,” when in reality there are only statutory entitlements and procedural safeguards for those who qualify for federal mandates due to qualifying disabilities. This issue is ripe for judicial interpretation and/or legislative review to identify and support this population of students. This Note proposes that legislation should be adopted that identifies gifted students and encourages local school districts to provide opportunity for challenge and engagement matched to their unique potential. Such proposed legislation has numerous public policy advantages.