The information in this article has been adapted by 2e: Twice-Exceptional Newsletter from a presentation given at the 2016 NAGC Convention, “2e Students: A Civil Rights Imperative,” by Barbara Gilman and Kathi Kearney, and is used here with permission.
Following are descriptions of clarifications of federal law made by the Department of Justice and the Department of Education to guide practice. These clarifications relate to gifted students with disabilities and should be used to guide school policy. According to the Wrightslaw website, “Opinion/policy letters [such as those described below] are not law, but represent the position of a federal or state agency.”
ADA Guidelines Regarding Standardized Testing
In January of 2016, the Department of Justice released guidelines that address twice-exceptional children specifically. They require a reduction in periodic re-evaluations required for the continuation of accommodations, and testing accommodations designed to allow the student to demonstrate full potential. The guidelines include the following:
(For more information, see "Dyslexia and Accommodations – New ADA Guidelines 2016 for School and Work," by Fernette Eide, January 18th, 2016.)
Department of Education Clarifications of Federal Law
The chart below describes clarifications of federal law that the Department of Education has issued. Each is available online.
This article is reprinted with permission from the 2e Newsletter and the author.
This article is provided as a service of the Davidson Institute for Talent Development, a 501(c)3 nonprofit dedicated to supporting profoundly gifted young people 18 and under. To learn more about the Davidson Institute’s programs, please visit www.DavidsonGifted.org.
The appearance of any information in the Davidson Institute's Database does not imply an endorsement by, or any affiliation with, the Davidson Institute. All information presented is for informational purposes only and is solely the opinion of and the responsibility of the author. Although reasonable effort is made to present accurate information, the Davidson Institute makes no guarantees of any kind, including as to accuracy or completeness. Use of such information is at the sole risk of the reader.