Questions and Answers about IDEA - Exceptional Children's ...

the need for special education. If a child is found toonly need a related service and not specialeducation, then he or she does not meet thedefinition of a “child with a disability.” 12Facactor E: Use of “Developmenelopmental Delaelays”IDEA allows States, at theirdiscretion, to adopt a definition of“child with a disability” thatincludes children aged 3 through 9(or any subset of that age range)who are experiencing “developmentaldelays” and “who, byreason thereof,” need specialeducation and related services. 13This provision allows States to find threethrough nine-year-olds (or any subset of that agerange) with developmental delays to be eligiblechildren with a disability and to provide them withspecial education and related services withouthaving to classify them under a specific disabilitycategory. This provision of law is intended toaddress the often difficult process of determiningthe precise nature of a child’s disability in the earlyyears of his or her development. 14According to IDEA, as measured byappropriate diagnostic instruments and procedures,“developmental delays” must be in one or more ofthe following areas:• physical development;• cognitive development;• communication development;• social or emotional development; or• adaptive development. 15States do not have to adopt use of the term“developmental delay” in their definitions of “childwith a disability.” It’s an option for States. Even ifthe State adopts the term (which includes definingthe age range of children to which it applies), itcan’t force any of its LEAs to do so. If the State doesnot adopt the term, its LEAs may not independentlydecide they will use the term. It’s only an option forLEAs if the State adopts the term—and then, theLEA must use the State’s definition, including theage range specified by the State. 16As you can see, the definition of “child witha disability” is intricate. Several factorsmust be met before a child can beconsidered to meet IDEA’sdefinition—and you must alsoconsider the specifics of yourState’s policies and definitions.3. Whahat t is special educaducation?Special education is defined as instruction that isspecially designed, at no cost to you as parents, tomeet your child’s unique needs. 17 Specially designedinstruction means adapting the content, methodology,or delivery of instruction:• to address the unique needs of your child thatresult from his or her disability, and1234 CFR §300.8(a)(2)—Child with a disability:General.Additional Note: If the related service the childneeds is defined by the State as special education(and not as a related service, as within IDEA),then the child would be considered as a “childwith a disability” after all.1334 CFR §300.8(b)—Child with a disability:Children aged three through nine experiencingdevelopmental delays.14Same as footnote 9. Adapted from page 1-28.1534 CFR §300.8(b)—Child with a disability:Children aged three through nine experiencingdevelopmental delays.1634 CFR §300.111(b)—Child find: Use of theterm developmental delay.1734 CFR §300.39(a)—Special education: General.NICHCY: 1.800.695.0285 6 Questions and Answers about IDEA