Giftedness is a concept that often provokes discussions and a concept that cannot be easily and simplydefined. There is still no concrete definition that will describe giftedness in its entirety. Gifted students and theirteaching have always been interesting for analysis by those involved in education. However, one of the basicproblems in the teaching process in our schools is the still present traditional method of learning and teaching, whichdoes not allow a different approach to the differences that are visible among students despite the commitments thatare written on paper.The Parliamentary Assembly of the Council of Europe has adopted Decree 1248 of 1994, which reaffirms educationas a basic human right, and believes that education should, to the greatest extent, suit each individual. Theeducational system must be organized in such a way as to provide adequate education for a larger number ofchildren, but there will always be children with special programs. One group of such children are exceptionalchildren. According to this Decree, no country can allow itself to waste the gifted and talented, and not to identifyintellectual and other potential in time because this would mean the loss of its own human resources.The education and upbringing of gifted students become a problem within the framework of mass education andglobalization. Gifted students have special abilities in certain areas, but most of the time are not engaged in the rightway. In addition to this, excessive teaching content, and overloading of students within subjects leads to fatigue,self-doubt and loss of motivation.In this paper, we want to analyze the existing legal procedures and opportunities for working with such students, andthe possibility of their identification and evaluation. That is, let’s see the condition of such students as well as theirtreatment in schools and the opportunities offered by the educational process in the Republic of North Macedoniaand see if there is or is not a sufficiently operationalized system of measures, activities, procedures that are aimed atthe gifted and talented students.Keywords: gifted students, primary education, condition