Of two children both functioning on a tenth grade level, the child who is chronologically age fifteen or sixteen receives appropriate services but the child who is chronologically younger than fifteen or sixteen does not. Many of us have heard that states forbid children under a certain age to take the GED and thus qualify for college entrance without a high school diploma. California Education Code Section 51429 states that the Superintendent of Public Instruction can issue a high school equivalency certificate to a person who has not completed high school only if that person is at least eighteen years old. Many of us have heard comments from school district officials that although a fifth grade child is functioning years above grade level, the child's age requires that the child remain in fifth grade. School officials continue to insist on placement according to chronological age despite solid research backing the acceleration of gifted children.
Some colleges refuse to admit young gifted children based on their chronological age.
In Levi's case, Santa Monica Community College forbid her son from taking more than six credit hours per term. The college announced the six credit hour limit after Levi's son had successfully completed two years at the college. Levi notes that although administration officials at the college have placed roadblocks in front of her son, professors at the college have been wonderful. Disabilities which prevent a child from learning at a level and pace appropriate for the child's mental age should be addressed regardless of whether a discrepancy exists between the child's mental and chronological ages. The FMCS has attempted to mediate the age discrimination claims in Levi's complaint.