Gifted Children Should be Considered for Special Education Services

In a recent OSEP communication, Letter to Anonymous, 110 LRP 52277 (OSEP 1/13/10), the agency informed an anonymous writer that the IDEA and its regulations, although silent on the topic of gifted students, protect students who have qualifying disabilities requiring special education and related services even if they are intellectually gifted. The writer specifically referenced students with high cognition and disabilities such as Attention Deficit Hyperactivity Disorder (ADHD), Asperger's Syndrome, and specific learning disabilities related to reading, writing, and mathematics who struggle to timely complete grade-level work and have difficulties with organizational skills, homework completion, affective areas, social skills, classroom behavior, reading and math fluency, writing and math operations. OSEP responded that districts should not let a student's intellectual prowess, or even the fact that he is classified as gifted under state law, undermine their child find activities or eligibility determinations. Although a student has high cognition, the student may also have one of the disabilities listed in the IDEA, and the child may require special education and related services as a result. Even though a student may be gifted, he or she is not automatically disqualified from eligibility for special education and related services under the IDEA. OSEP observed that the IDEA does not address the topic of gifted students. However, "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," OSEP Acting Director Alexa Posny wrote. Under 34 C.F.R. §300.8, a child must meet a two-prong test to be considered an eligible child with a disability: (1) have one of the specified impairments (disabilities); and (2) because of the impairment, need special education and related services. For example, a child with high cognition and ADHD could be considered to have an 'other health impairment,' and could need special education and related services to address the lack of organizational skills, homework completion and classroom behavior, if appropriate. Likewise, a child with Asperger's Syndrome could be considered under the disability category of autism and the individualized evaluation would address the special education and related services needs in the affective areas, social skills and classroom behavior, as appropriate.