Disability Identification Considerations

IDEA and Twice Exceptional

Federal Definition of "Giftedness"

The US government defines "Gifted & Talented" students as those..."who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities" (20 U.S.C. Section 7801(22), Wrightslaw: No Child Left Behind, Title IX, Part A, (22), p. 526 and Wrightslaw: Twice Exceptional Children.

The United States Department of Education states that all schools have an obligation to evaluate all children for special education regardless of cognitive skills (34 CFR §300.304(b)(1) and (2) and 34 CFR §300.8), and while IDEA is silent regarding “twice exceptional” or “gifted” students...it remains the Department’s position that students who have high cognition, have disabilities and require special education and related services are protected under the IDEA and its implementing regulations" (Wrightslaw: Twice Exceptional Children).

In a nutshell: 

• IDEA 2004 recognizes twice-exceptional children
• Section 504 and Title II require that qualified students with disabilities be given the same opportunities to compete for and benefit from accelerated programs and classes as are given to students without disabilities
• 2e needs have a priority in U.S. Department of Education grants to guide research, personnel preparation, and technical assistance

Optional reading: A reprint from the 2e Newsletter by Mark Bade outlines how support services can be affected by all three branches of our government — judicial, executive (with its departments), and legislative:  Advocating for Twice Exceptional Children.