The law on gifted students tends to take a back seat to the law on students with disabilities. One major reason is that gifted education lacks a specific legal mandate at the federal level, in comparison with the Individuals with Disabilities Education Act (IDEA) and the twin civil rights acts, Section 504 and the Americans with Disabilities Education Act. Nevertheless, eligibility and entitlement for gifted students, and their appropriate education, have been the subjects of a long but rather thin line of case law in those states that have specific legislation or regulations in this area (Zirkel, 2005b). In addition, some gifted students have been designated as "dually exceptional," leading to litigation under IDEA and Section 504. This article presents a case and accompanying question-and-answer discussion that illustrate recent developments.