GLDs are shown to have incredible duality in their characteristics and needs, thus requiring tailored, customized accommodation to best address their needs. Educators commonly find difficulty in providing the tailored accommodation due to the need for freedom to explore the talents causing giftedness, while also getting support for their individual needs caused by disability. Educators could improve current accommodations by broadening the identification and assessment processes for students suspected to be GLDs, allowing them to include the wider variety of characteristics stemming from the duality these students. This will allow for earlier identification, and earlier support.

Accommodations For Gifted Students with Learning Disabilities

A child who is qualified under IDEA is eligible for an IEP under 20 U.S.C § 1412(3)(A) which must meet the standards provided in 20 U.S.C § 1436(D) as well as the correct proceedings outlined in section 20 U.S.C § 1414(D)(iii). Reports show violations of these sections where often limited meetings regarding IEPs are formed as well as attended, there are severe reductions in school hours provided to students in these facilities as it was reported that on average special education makes-up 7-7.5 class periods per week in these facilities compared to the 19.5-22.5 periods per week in public schools, and there were zero IEPS at the time that addressed or had a plan to navigate the transition of leaving the facility for another or returning to the community. 

IEPs in Juvenile Justice Facilities 

- Interviewees asked what they know about IEPs and the legal difference between IEP services and those provided under Section 504 and the ADA. 
- All but two understood what IEP was, but going from the early to the later groups, students were less able to recall having attended IEP meetings
- With the exception of one student, none were able to explain the legal differences between the services. Though, all were aware for more general info, such as that IEPs were not available in college.

Assessment of Knowledge of IEPs

An individualized academic plan that is created for a child with a disability that outlines the child's unique educational needs, goals, and the accommodations they are entitled to. Found in 20 U.S.C § 1412(4) (2018)

Michigan State University

Pepperdine University

Adjustments made to tasks or activities in the workplace and at academic institutions to allow individuals with disabilities access to a job or educational program.

Reasonable Accommodations

20 U.S.C § 1400 (2018). A law passed in 1975 that focused on providing proper support and resources for students with disabilities in any education related program or service. By being the first piece of legislation that protected the rights of students with disabilities, IDEA specifically created FAPE in section 20 U.S.C 1412 (2018) and IEPs in section 20 U.S.C. 1414 (2018).

The Individuals with Disabilities Act (IDEA) 

To meet the standards of an appropriate education as defined by the Department of Education and section 504, all education services must provide for the needs of a student with disability as equally as the needs met for student without disability, have ability for each student with a disability to have maximum opportunity to learn/interact with students without disability, implement proper evaluation and procedures to protect students with disability, and they must properly collaborate with parents/guardians. 

Appropriate Education for a Person with Disability

The Individuals with Disabilities Education Act 1975, 20 U.S.C § 1400-1482 (2018)

The Individuals with Disabilities Education Act

Individualized Education Program (IEP)

Ensuring that all people have the ability to utilize a product, facility, or service, regardless of any disability they may have. Accessibility may include the modification of existing infrastructure, products, or services or designing them with disabled users in mind.

Accessibility

Accommodations refer to adaptations that are tailored to a specific individual's unique needs. Whereas, accessibility refers to design choices that are not created with a specific individual in mind but still attempt to make a product, service, or environment accessible to as many people as possible regardless of disability.
Accessibility is a more general approach while accommodations are a more individualized approach.

Difference between Accessibility and Accommodation

The two most popular types of support are interventions (helping students obtain better functional capabilities, through tutors, remedial courses etc) and accommodations (changing the educational environment so these students can still succeed, through technology, human helpers etc)

Existing Interventions for Supporting Students With Learning Disabilities and Attention Deficit Hyperactivity Disorder in Post Secondary Education

First regulation to establish and implement necessary resources and services for people with disabilities in education with the intent to provide an equitable education 20 U.S.C § 1412(1) (2018). 

Free Appropriate Public Education (FAPE)

Revision of subpart (3) (A) modified what children qualify for the rights provided by IDEA; wards of the State are now legally protected to the right of IEPs under FAPE by this law and all other legislation that models their eligibility after IDEA.

2004 Reauthorization of IDEA's Section 20 U.S.C 1412

FAPE was created by IDEA but it is also a large part of The Rehabilitation Act as Section 504 declares all federal agencies receiving funds are required to follow any law enacted by the federal  government. Additionally, the U.S. Code of Federal Regulations also requires each title to implement and follow additional regulations specific to their area in accordance with all public laws. This means because United States Title 34 executes supplementary laws relevant to their title and are federally funded, they are allowed to establish their own guidelines for FAPE according to Section 504. 

The reason the Rehabilitation Act of 1973 must follow FAPE from IDEA

Although both require that FAPE is provided, there is a difference in how extensive the coverage of it is as presented by these laws. Section 504 in the Rehabilitation Act of 1973 prevents being subjected to disability discrimination, while IDEA focuses on providing appropriate educational settings and resources to accommodate disability, meaning there are extra and unique protections for students under IDEA. This means under 504 there will be modifications and accommodations for students to attend school, and under IDEA an eligible student will receive appropriate modifications and accommodations to meet education performance standards.

Differentiations in the Protections of FAPE under the Rehabilitation Act of 1973 and IDEA

Transition Services through IDEA are meant to prepare students to achieve post-high school goals through interagency collaboration  and careful consideration of students’ interests and strengths. 

College Transition Services and IDEA

§300.5 of IDEA defines assistive technology as any item, piece of equipment, or product system that is used to increase or maintain the functional abilities of children with disabilities.

Learn Before

Related

Learn After