Special Education Law 101 - Part V #eligibility #identification
Our series providing an introduction to special education law continues. Previous posts have introduced the two basic concepts underlying IDEA, free and appropriate education and least restrictive environment. Today's post concerns eligibility and identification. Identification & Eligibility Issues pertaining to identification and eligibility are governed by IDEA § 612(a)(3) and 614 (b)(4)-(6). See, 34 C.F.R, § 300.121- 300.125, 300.300, 300.306, 300.307 – 300.311. In summary, to be eligible, a child must have one of the enumerated conditions( mental impairment, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities)(which adversely affects his educ...