Senate Passes High-Needs Special Ed Bill

The push for more resources is set against a backdrop of chronic federal underfunding for special education. When the Individuals with Disabilities Education Act (IDEA) was passed in 1975, the federal government committed to paying 40% of the extra cost to educate students with disabilities. Currently, the federal share of that cost is less than 13%, creating a nationwide shortfall of over $23 billion. This funding gap forces states and local school districts to cover the remaining costs, straining their budgets for all students. In response, lawmakers like U.S. Senator Chris Van Hollen and Representative Jared Huffman have reintroduced the bipartisan IDEA Full Funding Act. The bill aims to create a 10-year plan to finally meet the government's 40% funding promise through mandatory annual increases. The term "twice-exceptional" or "2e" refers to students who are identified as gifted while also having a co-occurring disability such as ADHD, autism, or a specific learning disability. These students have unique needs, as their strengths in one area can often mask their challenges in another, making identification and support difficult. Federal law does provide protections for 2e learners. The U.S. Department of Education has clarified that a student's high achievement in one area does not make them ineligible for special education services if they have a disability that requires support. State-level legislation is also emerging to address these students directly. For example, a recent Illinois bill specifies that if a 2e student's abilities indicate they would benefit from advanced academics, that must be addressed in their IEP or 504 plan alongside support for their disabilities. In New Jersey, a proposed bill would prohibit schools from denying special education services to a 2e student based on their average academic performance.