The regulations for IDEA define a "child with a disability" as including a child (a) who has been evaluated according to IDEA's evaluation requirements (specified at Sections 300.530 - 300.536 and discussed in Part III of this document); (b) who has been determined, through this evaluation, to have one or more of the disabilities listed below; and (c) who, because of the disability, needs special education and related services. The disabilities listed by IDEA are:
* mental retardation;
* a hearing impairment, including deafness;
* a speech or language impairment;
* a visual impairment, including blindness;
* serious emotional disturbance (hereafter referred to as emotional disturbance);
* an orthopedic impairment;
* autism;
* traumatic brain injury;
* other health impairment;
* a specific learning disability;
* deaf-blindness; or
• multiple disabilities. [Section 300.7 (a)(1)]
For children aged 3 through 9, a "child with a disability" may include, at the discretion of the State and the local educational agency (LEA) and subject to certain conditions (enumerated at Section 300.313), a child who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:
* physical development;
* cognitive development;
* communication development;
* social or emotional development; or
* adaptive development; and
• who needs, for that reason, special education and related services. [Section 300.7(b)]
Call the Law Offices of Jack H. Anthony for a free initial consultation if you need to obtain related services for your child or if you are having a problem with your current related services.
Your child’s special education needs are determined on a case-by-case basis. The Law Offices of Jack H. Anthony can provide you with the legal representation you need when dealing with the school so your child receives the best possible individualized education plan.
|
