There are two pieces to this. In English: 1. The child has a qualifying disability (e.g., ADHD, autism, dyslexia, bipolar disorder, intellectual disabilities, speech/language impairment, lots of others) AND 2. Because of the disability, the child needs special education. In legalese:
(ii) who, by reason thereof, needs special education and related services.
How does this affect my child? Having a diagnosis of a disability is not enough to qualify a child for special education. In order to be found eligible, the child needs to have a disability and require special education. Note that "special education" includes more than just academics; special education may also be needed to address social/pragmatic skills, organization, behavior, and more. Additional references: Section 1401 of IDEA (federal law) contains lots of useful information, including definitions of special education, related services, specific disabilities, and more. The text of IDEA is here. If you prefer a more reader-friendly version of IDEA that includes analysis by an attorney, you can buy this at Wrightslaw, here. More information about eligibility and child find is available by download, here. |
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