We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Legal Definition of a Child With a Disability
Definition & Meaning
A "child with a disability" refers to a child who has specific physical or mental conditions that impact their ability to learn and develop. This includes children with various impairments, such as:
Intellectual disabilities
Hearing impairments, including deafness
Speech or language disorders
Visual impairments, including blindness
Serious emotional disturbances
Orthopedic impairments
Autism
Traumatic brain injuries
Other health impairments
Specific learning disabilities
To qualify as a child with a disability, the child must require special education and related services due to these conditions.
Table of content
Legal Use & context
The term "child with a disability" is commonly used in the context of educational law, particularly under the Individuals with Disabilities Education Act (IDEA). This law ensures that children with disabilities have access to free appropriate public education (FAPE). Legal professionals may encounter this term in various areas, including:
Education law
Special education rights
Disability advocacy
Users may find it beneficial to use legal templates provided by US Legal Forms to navigate the processes involved in securing educational services for children with disabilities.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples of children who may qualify as a child with a disability:
A child diagnosed with autism who requires tailored educational strategies to thrive in a classroom setting.
A child with a speech impairment that affects their ability to communicate effectively in school, necessitating speech therapy services.
Relevant laws & statutes
The primary legislation governing the education of children with disabilities includes:
Individuals with Disabilities Education Act (IDEA): This federal law ensures special education services for eligible children with disabilities.
Section 504 of the Rehabilitation Act: This law prohibits discrimination against individuals with disabilities in programs receiving federal assistance.
State-by-state differences
State
Key Differences
California
Offers additional support services for children with developmental delays.
Texas
Requires specific assessments to determine eligibility for special education services.
Florida
Provides a broader definition of developmental delays for children aged 3 to 5.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Child with a disability
A child with specific impairments requiring special education.
Focuses on educational needs and the requirement for special services.
Special needs child
A broader term encompassing any child requiring additional support.
Includes children with disabilities but also those needing extra help without formal diagnoses.
Common misunderstandings
What to do if this term applies to you
If you believe your child qualifies as a child with a disability, consider taking the following steps:
Consult with your child's school to discuss their educational needs.
Request an evaluation to determine eligibility for special education services.
Explore resources and templates available on US Legal Forms to assist in the process.
If needed, seek professional legal advice for guidance through the special education system.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.