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July 1, 2026

Law No. 15,436/2026: A New Approach for Highly Gifted and Talented Students

by Francisco Tupy
Law No. 15,436/2026: A New Approach for Highly Gifted and Talented Students
The new Brazilian legislation broadens the understanding of educational inclusion by recognizing that students with high abilities or who are gifted also need to be identified, receive specialized support, and have opportunities for development that are commensurate with their potential

For decades, the debate on school inclusion has legitimately focused on students who face barriers to learning. However, another group has often remained invisible in Brazilian classrooms: students with High Abilities or Giftedness (HA/G).

The enactment of Law No. 15,436, dated June 17, 2026, marks an important milestone by establishing the National Policy for Highly Gifted or Gifted Students. The legislation officially recognizes the need to identify these students early, provide specialized educational support, and create conditions that allow them to fully develop their talents and potential.

More than just a new legal provision, the law invites us to reflect on the very concept of educational equity: treating everyone equally does not always mean providing each student with what they truly need to learn and grow.

The Challenge of Invisibility

One of the main challenges faced by highly gifted students is the difficulty in identifying them.

Even today, many educators associate giftedness exclusively with high academic achievement. However, the scientific literature shows that manifestations of high abilities can occur in various areas, including creativity, leadership, the arts, sports, scientific thinking, and complex problem-solving.

The new legislation recognizes this diversity and emphasizes the importance of early identification, enabling schools and educational systems to adopt appropriate teaching strategies before students become demotivated, socially isolated, or fail to reach their full potential.

Dual Exceptionality: An Important Step Forward

Among the most innovative aspects of the law is the recognition of what is known as “double exceptionality.”

This refers to a situation in which a student exhibits high abilities alongside another condition, such as Autism Spectrum Disorder (ASD), ADHD, dyslexia, dyscalculia, or other neurodevelopmental conditions.

Historically, many of these students were not identified as gifted because their difficulties ended up masking their talents. The new legislation stipulates that a related condition cannot be used to deny recognition of high abilities or prevent access to the necessary educational supports.

This change brings Brazil in line with the latest international trends in the field of inclusive education.

Specialized support and curricular flexibility

The law strengthens the role of Specialized Educational Services (AEE) for students with learning disabilities and developmental disorders.

The planned strategies include:

  • Curricular enrichment;
  • In-depth exploration of content;
  • Groups by interest;
  • Development of special projects;
  • Partial acceleration by subject;
  • Comprehensive acceleration of the educational journey.

The focus is no longer solely on adapting to challenges but also on expanding opportunities for students who demonstrate different learning styles and paces.

Connections to Science, Innovation, and Research

Another important aspect is the integration of basic education, higher education, and scientific research.

The legislation encourages partnerships with universities, research centers, cultural institutions, and civil society organizations, as well as promoting student participation in science competitions, science fairs, undergraduate research programs, technological innovation initiatives, and academic exchange programs.

This perspective broadens the understanding that talent development not only benefits the individual but also contributes to building a more innovative society that is better prepared for the challenges of the 21st century.

The Role of Schools and Educators

The effective implementation of the law will depend, to a large extent, on the actions of schools and teachers.

It will be necessary to invest in teacher training, establish protocols for identifying students, develop individualized educational plans, and strengthen communication with families.

More than simply identifying students with high abilities, we will need to create educational environments that foster curiosity, creativity, critical thinking, and the pursuit of meaningful intellectual challenges.

Challenges in Implementation

Despite the progress made, some aspects will depend on future regulations.

Issues related to identification criteria, the implementation of the National Registry of Highly Gifted or Gifted Students, and the operation of reference centers will still need to be clarified by the Executive Branch.

Significant challenges also remain, such as regional disparities, a shortage of specialized professionals, and the risk that identification will be limited to students with greater access to educational resources.

A Policy on Inclusion and Talent Development

Law No. 15,436/2026 should not be viewed solely as a special education law.

It embodies a public policy that integrates inclusion, equity, human development, scientific research, and innovation. By recognizing that gifted students have specific educational needs, the legislation broadens our understanding of what it means to provide a truly inclusive education.

The challenge now is to translate the principles set forth in the law into concrete practices that will ensure that no talent goes unnoticed in Brazilian schools.

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*This text does not necessarily reflect the opinion of Bett Brasil.

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