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A federal law, the Individuals with Disabilities Education Act of 2004, (IDEA) 20 U.S.C.§1400, et seq., provides that a "child with a disability", who because of that disability needs special education and related services, is entitled to a "free appropriate public education to meet their unique needs and prepare them for further education, employment, and independent living."
The term “child with a disability” means a child—
(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
(ii) who, by reason thereof, needs special education and related services.
20 U.S.C.§1401(3)(A). See also 34 CFR § 300.8 [Code of Federal Regulations] which fleshes out these disabilities, and Regulations of the Commissioner of Education, § 200.1(zz) [State Regulations].
This definition is expanded for a child aged 3 through 9 who may be experiencing developmental delays in certain specified areas. 20 U.S.C.§1401(3)(B).
My child has academic and/or behavioral trouble in school. A friend told me that he may be a "child with a disability" and that he may need and be entitled to "special education".
Law Offices of Michael D. Kaufman, PLLC