Section 1401 (3)

(3) Child with a disability

    (A) In general

  • The term “child with a disability” means a child—
    • (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
    • (ii) who, by reason thereof, needs special education and related services.

    (B) Child aged 3 through 9

  • The term “child with a disability” for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child—
    • (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and
    • (ii) who, by reason thereof, needs special education and related services.
    • Severe Discrepancy, Severe Discrepancy, Severe Discrepancy
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      Last modified on November 7, 2019