Special Education is a federal funding statue the provides financial aid to states to ensure a free, appropriate education to disabled children. Special Education is defined as “specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.” [34 CFR 300.26]“Specially designed instruction means…adapting, as appropriate to the needs of an eligible child…the content, methodology, or delivery of instruction.”
Who is eligible for Special Education?
To be eligible for Special Education a student must be:
- between the ages of 0 and 22
- meet the definition of a student with a disability in one or more of the following categories:
- Autism
- Deaf
- Deaf-Blind
- Emotionally Disturbed
- Hard of Hearing
- Mental Retardation
- Multihandicapped
- Orthopedically Handicapped
- Other Health Impaired
- Specific Learning Disability
- Speech Impaired
- Traumatic Brain Injury
- Visually Impaired
Does a student with one or more of the 13 identified disabilities automatically qualify for Special Education services?
- The student’s disability must adversely affect educational performance and require Special Education.
No. The student must meet the age criteria and the disability must adversely affect educational performance and require Special Education. Eligibility is determined through an assessment process. Districts are required to establish policies and procedures to ensure that eligible students are provided a free and appropriate education.
Are Special Education students protected by Section 504?
Yes. A student who is eligible for Special Education under IDEA 2004, has been found to have a physical or mental impairment that substantially limits one or more major life activities.
Diagnostic Center-North -
CDE Diagnostic Centers -
Section 504
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