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Ask an Expert: Judy Goddess
Using California School Law To Advocate For Your Kids


My second grader's teachers have all said he is one to three grade levels above his age group. The school asked me to have him tested for GATE (Gifted and Talented Education) classes. He scored 77 on the test, but 90 was passing. Now neither principal nor district will release any information to me or discuss whether he's a bad test taker. How can I help my son?

The California Education Code gives local school districts the responsibility both for developing entry criteria and for designing the GATE program. The Code does suggest that testing is only one criterion. According to Section 52201(b), an IQ score of 150 or more, or extraordinary class achievement as observed by the teacher and principal, also count.

Here's what I advise. First, find your district's GATE coordinator and request a copy of your school's application for GATE funding. It will list entry criteria. You'll be better able to challenge your son's exclusion if the criteria include teacher observation as well as test scores.

Next, check your son's school records. They should include information on his GATE testing, grades, teacher comments, etc. Look for teacher comments about your son's giftedness, as well as information holding the school back from accepting your son into the program. If you disagree with the records, you can challenge them. Then ask at least one of the teachers who considered your son gifted to support you.

Armed with all this information and a copy of the appropriate Ed Code section, write a letter requesting a meeting with the principal. It would help if one of your son's teachers would also attend, and you may want to bring a friend or family member for moral support.


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