They said that since the they eliminated the discrepancy model (achievement being much lower than potential based on IQ and achievement testing) many 2e students do not qualify for IEPs. The key question to qualify for an IEP is whether the student can receive reasonable educational benefit from general education classes alone. If your child still gets As and Bs at a gifted school it is highly unlikely that she would meet this criteria.
It depends. The special education law includes not only academic but also "functional" skills. If your child lacks functional skills such that she cannot complete tasks other children can complete, even if she is performing at or above grade level, she may still be eligible for IEP services. This wording in the law is the best protection I know of for 2e kids.
If you search "functional" on the Wrightslaw website you will get pointers to this information.
DeeDee
