A common misperception about special education is that students who have disabilities have low IQs or aren't academically gifted. While some disabilities may affect an individual's mental or cognitive abilities, there's no relationship between special education and a child's intelligence or ability to succeed in school. Multiple studies indicate students with disabilities are actually more likely to be gifted than their non-disabled peers.
Known as twice-exceptional (2e) students, these individuals are both gifted and have disabilities. Another term for them is GSLN, short for Gifted Students with Learning Needs. Regardless of the term used, their education often falls into a legal gray area.
Federal law prohibits discrimination on the basis of disability and also establishes rights for disabled individuals. No such rights exist for gifted students, meaning they may not have their needs met. Schools must provide disability support but do not have to factor in a student's intelligence or academic gifts.
Families of 2e students face unique challenges. Their children possess the aptitude to be successful in school, but requesting the services they need can be more difficult. Schools may decline to put students with disabilities into gifted programs. Parents and guardians may have to push back against stereotypes.
A parent of a 2e student who is now an advocate sums up the difficulty for 2e students: “We see kids whose challenges don't show up on their report card, so they aren't getting services. And we see kids who are gifted, but they also have a disability, who lose the ability to participate in any sort of accelerated program because those programs often decline to provide special education services.”
The team at the Lento Law Firm helps families nationwide with disability rights issues in education. We help families navigate the grey area that is having a twice-exceptional child and help you provide your child with the education they need to thrive, both today and in the future. If your 2e student isn't getting the services and accommodations they need to reach their full potential, call us at 888-535-3686 or connect with us online.
What Does Gifted Mean?
One common thread between gifted students and students with disabilities is that both require assessments. Families can generally not simply declare that a student is gifted or has a disability. The difference between the two is that disability is a protected category under federal law. Being gifted is not.
The Tennessee Department of Education defines intellectually gifted as:
“A child whose intellectual abilities, creativity, and potential for achievement are so outstanding that the child's needs exceed differentiated general education programming, adversely affects educational performance, and requires specifically designed instruction or support services.”
One of the challenges of gifted education is how to define what qualifies as gifted. The general definition is the top 2 percent of standardized IQ test scores. These tests have problems, however, that may disadvantage certain groups, including students with disabilities.
Other measurements may reward students who think a certain way. One expert argues that being intellectually gifted is the ability to think outside the box. The question then becomes who defines what the box is.
People may also be gifted in some areas but not others. The 1988 movie Rain Man highlights this with Dustin Hoffman's autistic savant character. Individuals with dyslexia may be considered less intelligent due to their disability, despite research showing dyslexia has no relationship to IQ. A student with dyslexia may struggle in school as a result of their disability or not receiving adequate support despite having an above-average IQ.
By definition, gifted means someone who is above average or has a special skill or talent. The problem is how to measure these skills in school. This is difficult to do for any child and doubly so for students with disabilities.
Why Gifted Education Matters
In recent years, there's been a push to limit gifted classes and programs. The underlying argument for this change is often fairness. For gifted students, especially those with disabilities, eliminating these programs can be detrimental to their education and future.
A 2016 study by the Center for Talent Development (CTD) at Northwestern University and Duke University's Talent Identification Program (Duke TIP) found that all students perform better when placed into groups with similar academic peers. Despite this, school districts are either dropping or minimizing their gifted and talented programs.
Misunderstandings About Gifted Students
One of the difficulties for 2e students is the misconceptions that surround gifted education in general. Some of the commonly cited arguments against gifted education include:
- Gifted students don't help and will be fine on their own
- Keeping gifted students in regular classrooms benefits the class
- All children are gifted, and it's bad to divide students
Another argument used against gifted education is that it goes against American ideals of fairness, that part of “all men are created equal” includes every student being in the same classroom. The problem with this logic is it ignores individual strengths and is bad for society as it limits children and teenagers who have the most to offer.
Think of it another way: Imagine if sports were not allowed to have travel teams or put the best players on the field in the name of fairness. Or saying a kid with natural ability didn't need any coaching or training.
No one would expect a gifted gymnast to go to the Olympics without thousands upon thousands of hours of training. Yet this is too often the view the United States takes with gifted education: Smart kids don't need extra help because they have natural abilities.
These arguments also perpetuate the idea that a student cannot be both gifted and have a disability. One argument based on these fallacies is that since a gifted student needs no additional help, a student who requires special education services therefore cannot be gifted.
A related misconception is that a student cannot be gifted if they have bad grades or face disciplinary action. Once again, this view hurts 2e students, given that students with disabilities are more likely to face discipline or struggle.
Just as a student may struggle in school due to their disability, students of above-average intelligence or other intellectual gifts may do poorly in school. One commonly cited reason is that gifted students are bored and not sufficiently challenged. Students may underachieve or not properly develop studying and learning skills. A student may be below average in one area but above average in another area.
Stereotypes Beyond the Classroom
One challenge for all students with disabilities is that the stigma against disability extends beyond the classroom. Cultures and societies still hold to the “moral model of disability.” This can be seen in the assumption that a child's disability is punishment to the parents or in movies that cast individuals with disabilities as the bad guys in ways that suggest their disability relates to being bad or evil.
This “moral model” closely parallels and supports the erroneous belief that students cannot be gifted and have a disability.
Lack of Funding
These misconceptions are one reason for the limited funding provided to gifted classes. After all, if a gifted student doesn't require extra help, they don't need specialized programs or classes.
The federal government has a single program dedicated to gifted students, the Jacob K. Javits Gifted and Talented Students Education Program. In 2023, the federal government budgeted $16.5 million for the program. This funding goes not to classrooms but to research on gifted students.
Funding for gifted and talented programs depends on states and school districts. Of the forty states that responded to a 2015 study, only 17 required gifted programs through the K-12 years. Twelve provided no funding to school districts for gifted programs, and more than twenty didn't have a single staff member focused on gifted education in their Departments of Education.
Wisconsin is one state that does offer funding for supporting gifted and talented students. This funding, approximately $475,000 in the state's 2023-2025 budget, is in the form of grants for either schools or other agencies. While these programs may not directly affect 2e students, such funding does increase the likelihood that students will have access to gifted programs.
What Qualifies as a Disability?
Federal law defines what qualifies as a disability in education. States may add additional categories.
Three major federal laws are the foundation for disability rights in the United States. They are the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA).
IDEA covers K-12 public education. IDEA establishes the Individualized Education Program (IEP) as well as early intervention services for babies and toddlers as well as transition planning for high school students. IEPs are written documents that list the services and accommodations a student with disabilities will receive.
One of the key parts of IDEA is that it puts a burden on public schools to identify any child within its boundaries who may have a disability. Schools must also provide disability services to children and students, even if they are not enrolled in their local school. For students who qualify as having a disability under IDEA, schools must provide all of these services free of charge to students' families.
For students who do not qualify for special education under IDEA, they may qualify for a 504 Plan under Section 504. Section 504 uses a broader definition of disability.
IDEA Definition
IDEA establishes thirteen disability categories. Students must fall into one of these categories to have a disability under IDEA. The categories are:
- Autism
- Deaf blindness
- Developmental Delay
- Emotional Disturbance
- Hearing Impairment/Deafness
- Intellectual Disability
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impaired
- Specific Learning Disability (SLD)
- Speech-Language Impairment
- Traumatic Brain Injury (TBI)
- Visual Impairment
Students must not only have a disability; this disability must affect their ability to learn in school.
Section 504 Definition
Under Section 504, an individual has a disability when:
- They have a physical or mental impairment and
- That impairment substantially limits at least one major life activity
2e Students Are Not Uncommon
A 2016 article highlights how students with disabilities may be more likely to be of above-average intelligence than their nondisabled peers. A report by the U.S. Department of Education Office for Civil Rights found that while 7 percent of the overall student body is in gifted and AP programs, only 1 percent of students who have a qualifying disability under IDEA are in gifted and AP programs. Students with disabilities make up approximately 15 percent of the study population.
The problem with this disparity is that 14 percent of students with disabilities qualify as gifted compared to 4 percent of the general population. In other words, students with disabilities are more likely to be considered gifted but less likely to be placed in gifted or advanced classes and programs.
This returns to one of the biggest challenges facing 2e students: Unlike disabilities, no federal-level protection exists for gifted students. It's also difficult to measure giftedness. Testing or assessment for gifted programs may not account for students who learn differently or need additional support. Stereotypes about disabilities may result in a teacher not recommending a student with disabilities to the gifted program.
The research on 2e students underlines the problem with these assessments and the difficulty of capturing accurate numbers. Even with studies that confirm that students with disabilities have a higher likelihood of giftedness, the findings vary significantly. Research has found between 2.5 to 33 percent of students with disabilities qualify as gifted.
Even if 2e students exist at the same percentage as the general population, they are still less likely to benefit from gifted classes and programs. This comports with research that indicates students with disabilities are less likely to graduate and more likely to face disciplinary issues.
The Hechinger Reporter, run by the educational think tank The Hechinger Institute on Education and Media, has stated that many schools don't have the procedures or systems to even identify 2e students. Teachers have no training on 2e students, meaning many may not even recognize that a student with a disability is also gifted.
Challenges for 2e Students
The United States gives all children the right to a free appropriate public education. This right extends to special education services for students with disabilities. Gifted students, in contrast, have no additional rights.
Colorado is one of the few states that recognizes 2e students. It also highlights the difficulty facing 2e students:
“Twice-exceptional students are difficult to identify and support because they possess the characteristics of gifted students and the characteristics of students with disabilities. Gifted characteristics may mask disabilities, or disabilities may mask gifted potential; either students' strengths, disabilities, or both may not be identified. This difficulty in identifying and supporting twice-exceptional students can put them at risk of having their academic or social-emotional needs misunderstood or go unnoticed.”
The state offers professional development activities to help teachers and other school staff better support and educate 2e students. Colorado is the exception, however, in offering this training. This means that most 2e students are in schools that have little, if any, information on 2e services or staff who can recognize 2e students.
No Legal Obligation
Schools have no obligation to provide additional services or support for students considered intellectually gifted, even if that student has a disability. No federal law exists that requires schools to incorporate a student's intelligence or talent into their IEP or 504 Plan. If a school is meeting the obligations of reasonable accommodations, they have satisfied their federal option.
In some cases, however, such as when a student is struggling or having behavioral issues, parents or guardians can schedule a meeting with the school. Parents or guardians may be able to argue that the student's IEP or 504 Plan is not properly supporting them.
Dispute Resolution
IDEA requires states to provide dispute resolution options. Families may pursue these options when their student either has an IEP or is in the process of becoming eligible for an IEP. Families may also pursue these options if a school district denies a student's disability.
- Mediation
- State Complaint
- Due Process Hearing
For parents and guardians of 2e students, these options can be especially tricky given the lack of recognition for 2e students. They must base their arguments on federal law, which creates an obligation for schools, which means focusing on a child's disability.
This is one reason why legal counsel is so crucial for dispute resolution, particularly with 2e students. The Lento Law Firm Education Law Team can help families structure their case and find the strongest legal arguments.
How to Help 2e Students
In recent years, schools and teachers have embraced new educational theories and practices, several of which can indirectly benefit 2e students. While many of these practices do not have legal backing, they do provide more avenues for parents and guardians to advocate for their child.
Use the Law
IEPs are legally binding. What this means is that once schools and families agree on the services a student will receive, schools must provide that service or accommodation, or they are breaking the law. During an IEP meeting, parents and guardians should push to include services and accommodations that will both support their child's disability and benefit their strengths. Including services and accommodations that recognize and support the student's skills and talents is one way to “create” a right for 2e students.
As much as possible, parents and guardians should strive to foster a collaborative working relationship with members of the school staff. This can be especially important during IEP meetings, which occur at least annually.
Discussing concerns that a student's IEP fails to address their gifted status and pushing for services and accommodations that will enable a student to reach their potential does not have to be adversarial. Rather, the point is that once these accommodations and services are on a student's IEP, a school must provide them.
Focus on a Student's Strengths
IEPs are not just about a student's weaknesses. They should also address a student's current performance in school and that student's goals and benchmarks for the year.
For 2e students, these goals and benchmarks should reflect their ability to succeed as a gifted student. A 2018 academic article suggests that IEPs for 2e students should emphasize a student's strengths while making sure to provide them with support for their social-emotional needs.
Whole Child Approach
This is a view and practice that has become increasingly popular. The Whole Child Approach takes the position that effective IEPs consider exactly what the name suggests: the whole student. Here, a student's disability is but one part of who they are. This method encourages schools to see each child as a unique individual and focuses on a student's strengths.
The Whole Child approach keeps the focus on a student as an individual and a person rather than as a statistic or disability. The IEP Project has published a guide for teachers on what they call the “strength-based, whole learner approach.”
For 2e students, the whole child approach is beneficial because it takes their status as gifted and talented into account. Being gifted is not extraneous but a central part of a student's education, needs, and support.
Push for More 2e Recognition
Many school districts have dedicated organizations for special education. New Jersey, for example, requires that every school district have a Special Education Parent Advisory Group (SEPAG).
Two of the major reasons for these organizations are to recommend ways to improve special education and student outcomes. Parents and guardians may wish to use these meetings and organizations to push for increased recognition and support of 2e students within their school districts.
A Leading 2e School District
Montgomery County Public Schools, located in Maryland, might be leading the way for support of 2e students in public schools. The district has a mentoring program for 2e students, a guidebook on how to support 2e students, and families can request a meeting with schools to determine how to support 2e students. The district also has dedicated services for students identified as Gifted and Talented Learning Disabled (GT/LD). The GT/LD program begins in elementary school and goes through high school.
While other school districts may not be able to offer all of these programs, Montgomery County can serve as an example. Districts may be able to implement components of the Montgomery County program, such as providing training resources or incorporating a student's 2e student onto their IEP.
Help Your 2e Student Reach Their Full Potential
All students with disabilities have the right to an education. For twice-exceptional students, they still have that right, but it can be more difficult to get the services and accommodations they need as gifted students. Families and 2e students have to fight against misconceptions about both disability and being gifted. These stereotypes can further hurt 2e students or prevent them from being part of gifted programs.
The lack of a simple, clear-cut definition of gifted further clouds the issue. A student may struggle in one subject but be above average in another. Students who struggle with reading may perform poorly on an IQ test or other assessment.
The team at the Lento Law Firm appreciates the unique challenges of having a 2e student. If properly supported, these students have tremendous educational opportunities. We encourage you to call 888-535-3686 or fill out our online form to learn more about how we can assist you and your 2e student.
