View FilePOLICY LETTER: January 13, 2010 to an individual (personally identifiable information redacted) MS Word
January 13, 2010XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXDear XXXXXXXX:This is in response to your letters dated October 8, 2009 and October 10, 2009 to U.S. Department of Education (Department) Secretary Arne Duncan. Both letters were forwarded to the Office of Special Education and Rehabilitative Services (OSERS) for response. Your letters ask for clarification of the Individuals with Disabilities Education Act (IDEA) as it applies to children with disabilities requiring special education and related services who have high cognition (what you term, twice exceptional students, students who are gifted and students who have high cognition and have disabilities) as well as how other laws apply to this population, including the Elementary and Secondary Education Act (ESEA), section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA). As you are aware, the ESEA was amended in 2002. Laurel Nishi of my staff in the OSERS informed you during a phone call on November 12, 2009, the Department is currently conducting a "Listening and Learning" tour to seek public input about changes to the ESEA. By the end of the year, the Secretary or a senior staff member had led Listening and Learning events in all 50 states. During the phone call, you stated that you would take advantage of this public hearing opportunity to share the concerns you raise in your letters as they relate to the ESEA. It is also my understanding that the Department's Office for Civil Rights (OCR) sent an electronic mail (e-mail) response to you on December 8, 2008, regarding concerns you raised with that office about protections and services under Section 504 and the ADA for students who have disabilities and high cognition. Therefore, this letter will not address either of those concerns. This letter addresses your concerns as they relate to the IDEA. In your letter dated October 8, 2009, you specifically referenced students with high cognition and disabilities such /s/Alexa PosnyActing Director Office of Special Education Programs Page 2 XXXXX XXXXXXX
