Brown ushered in an era that has led to admirable, yet arguably incomplete, gains in equal educational opportunities for all children, most notably minorities, females, and students with disabilities. However, despite the progress that has been made in the struggle for educational equality, many exceptional students are not being fully served. Aside from commission reports and rhetoric, little has been done at either the federal or state level to offer appropriate programming for gifted and talented children's educational needs. It is questionable whether educational leaders and policy makers have taken sufficient steps to meet the educational needs of gifted children. This Article discusses various challenges in meeting the educational needs of gifted students. Part I provides a brief overview of educational perspectives on gifted students. Part II examines statutory developments in the United States dealing with the rights of gifted students. Part II focuses predominantly on the author's belief that the federal government must protect the educational rights of gifted students. The author recommends the passage of a bill enabling systematic protection of the educational rights of gifted children modeled after the Education for All Handicapped Children Act (now the Individuals with Disabilities Education Act (IDEA)). Part III reviews the growing body of case law dealing with rights of gifted children. Part IV discusses various proposals aimed at providing equitable programming for gifted students.