Disabilities that Qualify Children and Youth for Special Education Services

The Education of the Handicapped Act, Public Law (P.L.) 94-142, was passed by Congress in 1975 and amended by P.L. 99-457 in 1986 to ensure that children with disabilities would have a free, appropriate public education available to them which would meet their unique needs. It was again amended in 1990, and the name was changed to the Individuals with Disabilities Education Act (P.L. 101-476), or IDEA.

IDEA defines “children with disabilities” as having any of following types of disabilities: autism, deaf-blindness, hearing impairments (including deafness), mental retardation, multiple disabilities, orthopedic impairments, other health impairments, serious emotional disturbance, specific learning disabilities, speech or language impairments, traumatic brain injury, and visual impairments (including blindness). These terms are defined in the regulations for IDEA, as described below.

1. Autism

A developmental disability significantly affecting verbal and non-verbal communication and social interaction, generally evident before age three, that adversely affects educational performance.

2. Deafness

A hearing impairment which is so severe that a child is impaired in processing linguistic information through hearing, with or without amplification, which adversely affects educational performance.

3. Deaf-Blindness

Simultaneous hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that a child cannot be accommodated in special education programs solely for children with deafness or children with blindness.

4. Hearing Impairment

An impairment in hearing, whether permanent or fluctuating, which adversely affects a child’s educational performance but which is not included under the definition of “deafness.”

5. Mental Retardation

Significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which adversely affects a child’s educational performance.

6. Multiple Disabilities

Simultaneous impairments (such as mental retardation/blindness, mental retardation/orthopedic impairment, etc.), the combination of which causes such severe educational problems that the child cannot be accommodated in a special education program solely for one of the impairments. The term does not include children with deaf-blindness.

7. Orthopedic Impairment

A severe orthopedic impairment which adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly (e.g., club-foot, absence of some limb, etc.), impairments caused by disease (e.g. poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns which cause contractures).

8. Other Health Impairment

Having limited strength, vitality, or alertness, due to chronic or acute health problems such as a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, or diabetes, which adversely affects a child’s educational performance. According to the Office of Special Education and Rehabilitative Services’s clarification statement of September 16, 1991, eligible children with ADD may also be classified under “other health impairment.”

9. Serious Emotional Disturbance

(I.) A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance: (A) an inability to learn which cannot be explained by intellectual, sensory, or health factors; (B) an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; © inappropriate types of behavior or feelings under normal circumstances; (D) a general pervasive mood of unhappiness or depression; or (E) a tendency to develop physical symptoms or fears associated with personal or school problems. (II.) The term includes children who have schizophrenia. The term does not include children who are socially maladjusted, unless it is determined that they have a serious emotional disturbance.

10. Specific Learning Disability

A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term does not include children who have learning problems which are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

11. Speech or Language Impairment

A communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment, which adversely affects a child’s educational performance.

12. Traumatic Brain Injury

An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, which adversely affects educational performance. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

13. Visual Impairment, Including Blindness

A visual impairment which, even with correction, adversely affects a child’s educational performance. The term includes both children with partial sight and those with blindness.

SERVICES FOR INFANTS, TODDLERS, AND PRESCHOOLERS WITH DISABILITIES

P.L. 99-457, the Education of the Handicapped Act Amendments of 1986, created a new mandate for all state education agencies to serve all children with disabilities from age three by 1991-1992. The Preschool Program’s purpose is to extend the P.L. 94-142 rights to children from age three, including all definitions and requirements. However, Congress made an important distinction for preschoolers: States are not required to label 3-5 year-olds in order to serve these children.

P.L. 99-0457 also established the Part H program, now known as the Early Intervention Program for Infants and Toddlers with Disabilities. This program is directed to the needs of children, from birth to their third birthday, who need early intervention services because they: (1) are experiencing developmental delays in one or more of the following areas: cognitive, physical, language and speech, psychosocial, or self-help skills; (2) have a physical or mental condition that has a high probability of resulting in delay, such as Down Syndrome, cerebral palsy, etc.; or (3) at the state’s discretion, are at risk medically or environmentally for substantial developmental delays if early intervention is not provided. In addition, under this program the infant or toddler’s family may receive services that are needed to help them assist in the development of their child. State definitions of eligibility under this program vary; many states are still in the process of developing their Part H programs. Therefore, depending on the state, services may be fully available or still in the process of developing.

FOR ADDITIONAL INFORMATION

If you feel that any of the above statements accurately describes your child, we encourage you to find out more about special education and related services available in your child’s public school district. Many parents have found the NICHCY publication entitled “Questions Often Asked About Special Education Services” helpful. For children birth through 5 years, ask for the publication “A Parent’s Guide to Accessing Programs for Infants, Toddlers, and Preschoolers with Disabilities.” All NICHCY publications are free of charge.

The Special Education Director for your child’s school district, Child Find Coordinator, or the principal or your child’s school should be able to answer specific questions you may have about obtaining special education and related services for your child. In addition, the Federally funded Parent Training and Information Programs across the country are excellent sources of information. For a listing of information sources in your state, NICHCY has a State Resource Sheet for each state and U.S. Territory; this sheet includes the address of the Parent Training and Information Program.

GR3, June 1995

National Information Center for Children and Youth with Disabilities (NICHCY)

P.O. Box 1492

Washington, D.C.

20013-1492

1-800-695-0285 (Voice/TT)

For more information on Mental Illness, CALL:

NAMI of Greater Chicago

1536 West Chicago Avenue

Chicago, IL 60622

(312) 563-0445