• Journal of Gifted/Talented Education
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• v.23 no.5
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• pp.649-669
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• 2013

The research deals with the changes of the laws related to gifted education focusing on the Marland Report. As result, contrary to conventional argument for the beginning of legal ground for gifted education, 1958's National Defense Education Act(P. L. 85~864) which stipulated the article for 'identification and encouragement' for 'able students' can be said the first legislation of gifted education in the level of federal government. In the case of definition of the gifted, prior to 1972's Marland Report, there was the first legal definition in the Section 806 of the Elementary and Secondary Education Act(P. L. 91~230, 1970), which said "Children who have outstanding intellectual ability or creative talent". However Marland Report expanded the realm of the gifted from the area of intelligence to the area of leadership, art and psychomotor ability. On the basis of Marland Report, in 1974 the Office of Gifted and Talented was set up in the Department of Education for dealing with gifted education in federal. Further, Marland emphasized the importance of stipulating article related to funds for gifted education in law. Without manifesting funds for gifted education in law, he knew very well how hard it was to practice gifted education in reality. This implies that regulation funds for gifted education is crucial for effective actualization of gifted education.

• Journal of Gifted/Talented Education
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• v.19 no.2
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• pp.211-240
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• 2009

This paper attempts to explore issues related with the Sifted and talented education in legal aspects. To accomplish this goal, the legal system connected with the gifted and talented education is examined. It includes the Constitution of the Republic of Korea, framework act on education, elementary and secondary education act, etc,. Second, the institutional process of the Act on the Promotion of Education for the gifted and Talented Law and legal characteristics is reviewed. It is found that the Act on the Promotion of Education for the gifted and Talented Law and its regulations is designated to achieve goals of education in general. Educational institutions for children with gifted and talented seem to attain more investment than general education institutions. Third, main issues in the Act on the Promotion of Education for the gifted and Talented Law is discussed. They are the legal system, legal name and aim, rights and obligation for gifted and talented, selection of gifted and talented, organization and operation of curriculum, and teacher education. In conclusion, it needs deeper study on each issue and needs to be presented the specific alternatives. So, it should be improved the law in such a way to meet the fundamental human rights for the gifted and talented.

• Journal of Gifted/Talented Education
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• v.18 no.3
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• pp.543-568
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• 2008

The study attempted to articulate standpoints towards compulsory education system based on schooling age and year in careful considerations with the gifted. For these ends, literatures were reviewed and various education laws, regulations and documents and related law reports and judicial decisions were investigated. Literature review was conducted to develop that ideas of rights to compulsory education for regular students are closely related to those for gifted. Structures of general education laws and gifted education law and regulations were compared. Later, limitations of compulsory education were discussed when it was applied for the gifted. In conclusions, it is inappropriate that the gifted are ruled by compulsory education system based on schooling age. If compulsory education system is designated to provide an effective opportunity for all students, it should be duties and rights to enter elementary schools at schooling age. However, it appeared that the duties and rights to enter elementary schools at certain schooling ages function as inhibitors against the gifted with giftedness and potentials far beyond those of regular students. Therefore, the gifted should be separately ruled under flexible systems of compulsory education if their achievement level is assessed as sufficient to enter elementary schools before schooling age. On the other hand, legal systems of compulsory education are gradually evolved to flexible systems. However, it is necessary to establish social atmosphere and support system of educational administration in order to practice the flexible system of compulsory education for the gifted.