Determined education ignoramuses

The bureaucrats and their Leftist masters are pushing the hoary old superstition that promotion of gifted children harms them socially. It has been known to be false since the work of Terman in the 1920s

A legal battle between Education Queensland and a gifted schoolgirl will soon resume - this time in Queensland's Court of Appeal. Lawyers representing the state of Queensland have filed notice they intend to appeal against a Supreme Court ruling last month that quashed an earlier favourable finding in the Anti-Discrimination Tribunal. The case centres on a decision by education authorities in 2003 not to allow Gracia MalaxEtxebarria, then 9 and who had already skipped two grades at school, to advance to high school the following year.

Education Queensland refused the request because they had concerns for her social development, but offered to tailor a program for her. That decision was later separately backed by then education minister Anna Bligh, one of her advisers and a senior departmental figure. The Anti-Discrimination Tribunal - which considered the case in mid-2005 - ruled in April that there was no discrimination by the department.

But in a judgment handed down on October 4, Supreme Court justice John Helman granted Gracia's appeal against the Anti-Discrimination Tribunal's 2005 decision and ordered the tribunal re-hear part of the case. Justice Helman found that while the tribunal could be justified in finding the initial departmental decision had not been discriminatory against Gracia, the question of whether the department had gone on to discriminate against her in their later review of the case had not been adequately considered.

In their notice of appeal, lawyers for the state have asked that Justice Helman's orders be set aside and the original Anti-Discrimination Tribunal finding be affirmed. The pending Court of Appeal matter has meant a scheduled directions hearing of the case this week in the Anti-Discrimination Tribunal has had to be postponed.

Source

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