UPDATED ELIGIBILITY CRITERIA
SPECIFIC LEARNING DISABILITY (SLD)
Specific learning disability means a disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or written, that may
have manifested itself in the imperfect ability to listen, think, speak, read, write, spell, or
do mathematical calculations, including conditions such as perceptual disabilities, brain
injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
The basic psychological processes include attention, visual processing, auditory
processing, phonological processing, sensory-motor skills, cognitive abilities including
association, conceptualization and expression.
AVASPACE
Specific learning disabilities do not include learning problems that are primarily the
result of visual, hearing, or motor disabilities, of intellectual disability, of emotional
disturbance, or of environmental, cultural, or economic disadvantage.
A school district may determine that a child has a specific learning disability using the
severe discrepancy method. The severe discrepancy method requires that a student
have a severe discrepancy between achievement and intellectual ability in oral
expression, listening comprehension, written expression, basic reading skills, reading
comprehension, mathematical calculation, or mathematical reasoning. The severe
discrepancy must not be primarily the result of limited school experience or poor
school attendance.
Disorder in One or More Basic Psychological Processes/Other Conditions
Severe Discrepancy between Intellectual Ability and Achievement
*Note: If the standardized tests do not reveal a severe discrepancy, the IEP team
may find that a severe discrepancy does exist, provided that the team documents that
the severe discrepancy between ability and achievement exists as a result of a
disorder in one or more of the basic psychological processes. The findings shall
include a statement of the area, the degree, and the basis and method used in
determining the discrepancy. The report shall contain information considered by the
team which shall include, but not be limited to:
Data obtained from standardized assessment instruments;
Information provided by the parent;
Information provided by the pupil's present teacher;
Evidence of the pupil's performance in the regular and/or special education classroom
obtained from observations, work samples, and group test scores;
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Consideration of the pupil's age, particularly for young children; and
Any additional relevant information.
Adversely Affecting Educational Performance
Student Requires Special Education or Related Services
Based on the foregoing, Student DOES/DOES NOT meet the Education Code definition
of having a Specific Learning Disability, but final determination will be made by student’s
IEP team.
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AUTISM (AUT)
Under state law, autism means a developmental disability significantly affecting verbal
and nonverbal communication and social interaction, generally evident before age
three, and adversely affecting a child's educational performance. Other characteristics
often associated with autism are engagement in repetitive activities and stereotyped
movements, resistance to environmental change or change in daily routines, and
unusual responses to sensory experiences. A child who manifests the characteristics of
autism after age three could be identified as having autism if these criteria are met.
But a student does not meet eligibility under autism if the student’s educational
performance is adversely affected primarily because the student has an emotional
disturbance.
Finally, in order to qualify for special education under this category, your child does not
need to meet the medical definition of autism, just the educational definition. Likewise,
meeting the medical definition of autism and obtaining a medical diagnosis does not
ensure that your child will be eligible for special education services as autistic if he or
she does not meet the educational criteria.
Verbal Communication
Nonverbal Communication
Social Interaction
Other Characteristics
Engagement in Repetitive Activities
Stereotyped Movements
Resistance to Environmental Change or Change in Daily Routines
Unusual Responses to Sensory Experiences
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify as a student with Autism, but final determination will
be made by student’s IEP team.
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OTHER HEALTH IMPAIRMENT (OHI)
Other health impairment means having limited strength, vitality, or alertness, including a
heightened alertness to environmental stimuli, that: (1) Results in limited alertness with
respect to the educational environment that is due to chronic or acute health problems
such as asthma, attention deficit disorder or attention deficit hyperactivity disorder,
diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis,
rheumatic fever, sickle cell anemia, and Tourette syndrome; and (2) Adversely affects a
child's educational performance.
The health impairment will not qualify the pupil for special education if it is temporary in
nature.
And while the definition for OHI includes attention deficit disorder (ADD) or attention
deficit hyperactivity disorder (ADHD) as an example of a chronic illness which could
qualify. However, a medical diagnosis of ADD or ADHD alone is not sufficient to make a
student eligible for special education services.
Limited Strength, Vitality, or Alertness with Respect to Educational Environment
Chronic or Acute Health Problem That Isn’t Temporary
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT MEET the requirements for a student with an Other Health
Impairment, but final determination will be made by student’s IEP team.
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INTELLECTUAL DISABILITY
In order for a student to be considered intellectually disabled, a child must show: (1)
deficits in adaptive behavior; and (2) significantly subaverage general intellectual
functioning. Both must have manifested during the developmental period and adversely
affecting educational performance.
Adaptive Behavior
General Intellectual Functioning
Manifested During the Developmental Period
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT QUALIFY as a student with an Intellectual Disability, but
final determination will be made by student’s IEP team.
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EMOTIONAL DISTURBANCE (ED)
A student is considered emotionally disturbed if, because of a condition the child
exhibits one or more of the following characteristics, over a long period of time and to a
marked degree, which adversely affects educational performance: (1) An inability to
learn which cannot be explained by intellectual, sensory, or health factors; (2) An
inability to build or maintain satisfactory interpersonal relationships with peers and
teachers; (3) Inappropriate types of behavior or feelings under normal circumstances;
(4) A general pervasive mood of unhappiness or depression; and (5) A tendency to
develop physical symptoms or fears associated with personal or school problems.
An Emotional Disturbance includes conditions such as schizophrenia, but does not
include student’s that are socially maladjusted.
Condition
One or More of the Following Characteristics
An inability to learn which cannot be explained by intellectual, sensory, or health factors
An inability to build or maintain satisfactory interpersonal relationships with peers and
teachers
Inappropriate types of behavior or feelings under normal circumstances
A general pervasive mood of unhappiness or depression
A tendency to develop physical symptoms or fears associated with personal or school
problems
Over a Long Period of Time and to a Marked Degree
*Note: The law does not define or specify the “long period of time” required for ED
eligibility. An advice letter from the United States Department of Education states that a
generally acceptable definition of "a long period of time" is a range of time from two to
nine months, assuming preliminary interventions have been implemented and proven
ineffective during that period. (Letter to Anonymous (OSEP 1989) 213 IDELR 247.)
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT QUALIFY under the definition of Emotional Disturbance, but
the final determination will be made by student’s IEP team.
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TRAUMATIC BRAIN INJURY (TBI)
Traumatic brain injury means an acquired injury to the brain caused by an external
physical force, resulting in total or partial functional disability or psychosocial
impairment, or both, that adversely affects a child's educational performance. Traumatic
brain injury applies to open or closed head injuries resulting in impairments in one or
more areas, such as cognition; language; memory; attention; reasoning; abstract
thinking; judgment; problem-solving; sensory, perceptual, and motor abilities;
psychosocial behavior; physical functions; information processing; and speech.
Traumatic brain injury does not apply to brain injuries that are congenital or
degenerative, or to brain injuries induced by birth trauma.
Brain Injury by External Force
*Note: Can be open or closed head injury.
Total or Partial Functional Disability or Psychosocial Impairment
*Note: Must be in one or more of the following areas: cognition; language; memory;
attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual,
and motor abilities; psychosocial behavior; physical functions; information processing;
and speech.
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify under the definition as having a Traumatic Brain
Injury, but final determination will be made by student’s IEP team.
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DEAFNESS (DEAF)
Deafness means a hearing impairment that is so severe that the child is impaired in
processing linguistic information through hearing, with or without amplification that
adversely affects a child’s educational performance.
Severe hearing impairment
Impaired Linguistic Processing
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify under the definition of Deafness, but final
determination will be made by student’s IEP team.
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HEARING IMPAIRMENT (HI)
A student is eligible if the student has impairment in hearing, whether permanent or
fluctuating, that adversely affects a child's educational performance but that is not
included under the definition of deafness.
Permanent or Fluctuating Hearing Impairment
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify under the definition of Hearing Impairment, but final
determination will be made by student’s IEP team.
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DEAF-BLINDNESS
A student is eligible under the category of deaf/blind if the student has both hearing and
visual impairments which, in combination, cause such severe communication,
developmental, and educational problems that the student cannot be accommodated in
a program for children with only hearing impairments or only visual impairments.
Hearing and Visually Impaired
Severe Communication, Developmental, and Educational Problems
Student Cannot be Accommodated in Other Program
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify under the definition of Deaf-Blindness, but final
determination will be made by student’s IEP team.
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VISUAL IMPAIRMENT
Visually handicapped means a visual impairment that, even with correction, adversely
affects a child’s educational performance. The term includes both partially sighted and
blind children.
Visual Impairment
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify under the definition of Visual Impairment, but final
determination will be made by student’s IEP team.
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ORTHOPEDIC IMPAIRMENT
A severe orthopedic impairment is one which adversely affects the pupil’s educational
performance and including those caused by congenital anomaly, impairments caused
by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other
causes (e.g., cerebral palsy, amputations, and fractures or burns that cause
contractures).
Orthopedic Impairment
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify under the definition of Orthopedic Impairment, but
final determination will be made by student’s IEP team.
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MULTIPLE DISABILITY
Multiple disabilities means concomitant impairments (such as mental retardationblindness or mental retardation-orthopedic impairment), the combination of which
causes such severe educational needs that they cannot be accommodated in special
education programs solely for one of the impairments. Multiple disabilities does not
include deaf-blindness.
Concomitant Impairments
Educational Needs Cannot be Accommodated in Programs for One Impairment
Adversely Affecting Educational Performance
Requires Special Education and Related Services
Student DOES/DOES NOT qualify under the definition of Multiple Disability, but final
determination will be made by student’s IEP team.
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