This isn't true. There is an iq cap, and other requirements that have to be met to be labeled gifted, and the tests have to be administered every so often to assure that the students still meet the requirements for services. When I was in public school, the cap was 120, and the student was also evaluated in the classroom and their standardized test scores were taken into account. We were reevaluated every two years, and had an IEP meeting every year. We were mainstreamed, with pull out sessions, and had constant access to a lab to work, instead of being in a classroom, if we so wanted.
The gifted standards are set out by the public laws i cited, and by the IDEA plan, from 04.
I'm sorry, but this is simply not true. IDEA does not provide protections or really anything for gifted children. The schools are in no way obligated to have a gifted program. The only way a child would qualify for a federally protected IEP would be to also have a disability that was included in the 13 categories in IDEA.
autism;
deaf-blindness;
deafness;
emotional disturbance;
hearing impairment;
mental retardation;
multiple disabilities;
orthopedic impairment;
other health impairment;
specific learning disability;
speech or language impairment;
traumatic brain injury; or
visual impairment (including blindness).
Now, individual states may offer more services, but they are not obligated to do so and they are not protected under IDEA.
A high IQ is not in and of itself a learning disability. Those that have a high IQ and a disability may find it difficult to learn from the standard curriculum. However, those with just a high IQ should be offered as much enrichment as a district can afford and then it's the parents responsibility to offer enrichment outside of school.
And before anyone says anything about children with special needs having their parents pay for outside help, many of us who are fortunate enough to be able afford it already do so. We spend in excess of $5,000 a year on added therapy for DS. Many parents of special needs children practically bankrupt themselves paying for the services their children need (those that the schools are unable or refuse to provide).
Oh and just an FYI, I don't want to see education cut. I think it's short-sighted and will be detrimental to our society.