DISABILITIES COVERED BY INDIVIDUAL WITH DISABILITIES ACT

Early Intervention

The Center for Disease Control (CDC) estimates that about one in six, or about 15%, of children have one or more developmental disabilities. The CDC recommends parents educate themselves so they can recognize early signs of a developmental disability. Early intervention can have a significant impact on the need for special education in the school years. The Individuals with Disabilities Education Act (IDEA), Part C, identifies early intervention as infant through age 2. The state is responsible for providing early intervention programs for infants and toddlers.

Disability

IDEA identifies “children with disabilities” as individuals between the ages of three and 22 with one or more of the following conditions:

Autism

Deaf-blindness

Developmental Delay

Emotional disturbance

Hearing impairment (deafness)

Intellectual disability

Multiple disabilities

Orthopedic impairment

Other health impairment

Specific learning disability

Speech or language impairment

Traumatic brain injury

Visual impairment, including blindness

The disability must adversely impact his academic performance. (20 U.S.C. Section 1401(3)) Youth between the ages of three and 22 receive special education services through their local school district if they attend a public institution.

Specific Learning Disability

20 U.S.C. Section 1041(30) identifies children with a specific learning disability as a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematic calculations. Such disorders include: perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

Other Health Impairments: ADD and ADHD

Other health impairments include asthma, ADD/ADHD, diabetes, epilepsy, cardiac conditions, hemophilia, leukemia, rheumatic fever, sickle cell anemia, and nephritis. Of these, ADD and ADHD are probably the most common. ADD and ADHD may make a child eligible under IDEA if the disability adversely impacts his or her academic performance.

If a child does not qualify for an IEP under IDEA then the parents may want to look into 504 plans. I will highlight 504 plans in a later blog.

(Note: This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The website has been designed to be a resource for information on matters that might be of interest to current or potential clients but does not establish that relationship. For further information visit my Disclaimer page- https://specialedlegaljourney.com/about/disclaimer/)

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