Yes, we've run into that. My 2e child has never been below grade level, but our district's policy when she was ided was not to accept individual IQ scores and only to take group tests for the ability piece of the id. We got that changed after two IQ tests with HG #s.
However, the policy still has two pieces that can be a hurdle for 2e kids:
1) it requires a 95th percentile achievement score or teacher recommendation in addition to the ability score & teachers generally won't recommend kids unless they are compliant, straight A students. Fortunately for my dd, she does hit the 95th++ at times, she's just wildly inconsistent so she's not always there and sometimes is well below that point on a specific test day. I guess that her school taking the highest # achieved benefited her in that regard, though!
2) it specifically states that, even with a GT id, there is no guarantee of services. High motivation, grades, and high achievement are pretty much the sole factors considered in placement in advanced courses, especially in middle and high school.
We have found that parental advocacy and working with our 2e kid on test taking strategies and study skills has managed to help her get to the point where she can pass the second hurdle and keep her achievement scores where they need to be to avoid being ruled out. It probably depends on what that second "e" is, though, and how severely the child is impacted as to whether that will work.
