Laws & Reference

Disability categories under IDEA

Under the Individuals with Disabilities Education Act (IDEA), students may qualify for special education under 13 federal disability categories: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment (including ADHD when it affects education), specific learning disability (including dyslexia), speech or language impairment, traumatic brain injury, and visual impairment including blindness. "Developmental delay" may be used for children ages 3–9.

Key statistics

7.5 million students ages 3–21 are served under IDEA (about 15% of public-school enrollment). About 1 in 31 eight-year-olds has been identified with autism (CDC). About 67% of students served under IDEA spend at least 80% of their school day in general-education classrooms. From July 2021 through December 2023, 44.4% of teenagers with a developmental disability reported being bullied in the previous 12 months.

ADHD

ADHD (Attention-Deficit/Hyperactivity Disorder) is a neurodevelopmental condition affecting focus, impulse control, and executive functioning. It presents in three types: predominantly inattentive (difficulty focusing, organizing, and following multi-step instructions), predominantly hyperactive-impulsive (restlessness, fidgeting, excessive talking, interrupting), and combined (significant symptoms of both). Helpful supports include clear step-by-step instructions, movement breaks, and reduced-distraction environments. ADHD may fall under IDEA's "other health impairment" category when it affects education, but does not automatically guarantee an IEP — the school must evaluate and find the student needs specialized instruction.

What is an IEP?

An Individualized Education Program (IEP) is a legal document required by IDEA that sets out the special education and related services for an eligible student. It includes present performance levels, measurable annual goals, services and accommodations, and progress monitoring. It must be followed by educators.

504 Plan vs IEP

Section 504 of the Rehabilitation Act (1973) is a civil-rights law prohibiting disability discrimination; IDEA is an education law providing special education. A student does not choose between them — the school evaluates and determines eligibility. Rule of thumb: an IEP is for a student who needs specialized instruction; a 504 Plan is for a student who mainly needs accommodations or access support (e.g., extra testing time, preferential seating).

Dyslexia

Dyslexia is not caused by low intelligence, laziness, or lack of effort. It affects matching printed letters to sounds, making reading slower and more effortful. Supports include explicit phonics instruction, audiobooks, text-to-speech, and extra reading time. Dyslexia falls under IDEA's "specific learning disability" category but does not automatically guarantee an IEP — the school must evaluate and find the student needs specialized instruction.

Key Legislation in Special Education History

• ESEA (1965) — First major federal investment in K-12 education, with a focus on low-income students.
• Section 504, Rehabilitation Act (1973) — The first federal disability civil-rights law; requires reasonable accommodations for ages 3–22.
• EAHCA (1975) — Guaranteed a free appropriate public education (FAPE); introduced the IEP, due process rights, and the least restrictive environment.
• ADA (1990) — Prohibits discrimination based on disability in employment and public life.
• IDEA (1990) — Strengthened FAPE and IEP requirements; added autism and traumatic brain injury categories.
• IDEA Amendment (1997) — Greater parent inclusion in eligibility decisions; added mediation and testing accommodations.
• NCLB (2001) — Testing and accountability era; disability subgroup reporting made achievement gaps visible.
• ESSA (2015) — Replaced NCLB; returned more control to states.