3. Deafness (hearing loss that impairs the processing of linguistic information with or without amplification)
4. Emotional disturbance
5. Hearing impairment (less severe than complete deafness and even transient hearing loss)
6. Mental Retardation (thankfully many state rules have amended this identification and refer to it as a “cognitive impairment”)
7. Multiple disabilities
8. Orthopedic impairment
9. Other health impaired (can but does not have to include ADD, AD/HD, Tourette syndrome, Asperger’s syndrome, PDD-NOS, pediatric bipolar disorder and anxiety disorders)
10. Specific learning disability - IDEA 2004 made significant changes to the identification of a specific learning disability that include: 1) States can allow, but must not require the use of a severe discrepancy between intellectual ability and achievement. 2) States must permit the use of a process based on the child's response to scientific, research-based intervention (RTI); and 3) States may permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability.
11. Speech or language impairment
12. Traumatic brain injury
13. Visual impairment, including blindness
*** It is important to note that states can choose to exceed the 13 areas of identification under the IDEA 2004 but they cannot eliminate any area and must always meet the minimal rules set forth in this federal law. States have a legal authority to exceed the minimum in any area of IDEA 2004 but cannot use their federal funds to pay for the additional (referred to as “state-imposed rules”) programs and services.
Not all children referred for an evaluation will be found eligible for special education programs and services. Within sixty days of a parent referral (or sooner depending on state special education laws), a multidisciplinary educational team (referred to as a “MET” that includes a group of education professionals; i.e., special education teacher, reading specialist, speech and language teacher, school psychologist, social worker, occupational therapist and physical therapist ) must assess all areas related to the child’s suspected disability, along with any existing documentation and then make a team determination if the students meets one of the 13 areas of disability as defined by IDEA 2004 or state-specific laws (states have the legal right to exceed the 13 categories and can also choose to include identification for a “developmental delay.”). To be found eligible, a student’s disability must “adversely impact the student’s ability to learn.”