Every state defines who is eligible to receive special education and related services. Some states, such as Maryland, choose to define special education students using the same disability criteria as the federal Individuals with Disabilities Education Act. However, not all states choose to follow this formula and many make their own “student with disabilities” definition. The state definition serves as a guide, along with specific disability definitions, for determining eligibility criteria when evaluating a child for inclusion in special education programs.
Not all states choose to define a special education student through statute. A small percentage of states, such as Utah , choose to allow the state board of education or the state department of education to make such definitions. Even though most states do establish some identification criteria in the statute, not all states choose to use specific disabilities in the definition. Twenty states either allow the board or department to define the criteria or use only general language when defining disabled students. These states are highlighted with a checkmark in the first box in Table 1 below.
Further, states are allowed to set their own provision of services criteria for students with disabilities. Typically, students with disabilities are allowed to attend more hours of school than their regular education counterparts. Many states mandate only that children attend school starting at age 6 and until age 16 or so. However, many special education attendance criteria allow students to receive special education services from the state department of education and the local school district beginning at initial diagnosis, which may be birth. Additionally, the average maximum age for students to receive services from the state and/or local school district is 20.88 years of age. A typical high school student graduates at around 18 years of age; thus special education students are, on average, allowed to attend public school for three additional years.
| State/Language/Citation | Ages Served/Citation |
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Alabama “Exceptional children. Persons” who have been certified under regulations of the State Board of Education by a specialist as being unsuited for enrollment in regular classes of the public schools or who are unable to be educated or trained adequately in the regular programs including, but not limited to: the mildly and moderately to severely retarded, and also the profoundly retarded; the speech impaired; the hearing impaired, deaf, and partially hearing; the blind and vision impaired; the crippled and those having other physical handicaps not otherwise specifically mentioned herein; the emotionally conflicted; those with special learning disabilities; the multiple handicapped; and the intellectually gifted. Ala. Code § 16-39-2(1) |
6-21 Ala. Code § 16-39-2.(1) |
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Alaska ” ‘Child with a disability’ means a child with one or more of the following: (A) intellectual disability; (B) learning disabilities; (C) emotional disturbance; (D) deafness; (E) deaf-blindness; (F) hearing impairment; (G) orthopedic impairment; (H) other health impairment; (I) speech or language impairment; (J) visual impairment; (K) multiple disabilities; (L) early childhood development delay; (M) autism; (N) traumatic brain injury; developmental disability Alaska Stat. § 14.30.350(2) |
3-22 Alaska Stat. § 14.30.350 |
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Arizona ” ‘Child with a disability’ means a child who is at least three but less than twenty-two years of age, who has been evaluated pursuant to section 15-766 and found to have at least one of the following disabilities and who, because of the disability, needs special education and related services: (i) Autism. (ii) Developmental delay. (iii) Emotional disability. (iv) Hear impairment. (v) Other health impairments. (vi) Specific learning disability. (vii) Mild, moderate or severe intellectual disability. (viii) Multiple disabilities. (ix) Multiple disabilities with severe sensory impairment. (x) Orthopedic impairment. (xi) Preschool severe delay. (xii) Speech/language impairment. (xiii) Traumatic brain injury. (xiv) Visual impairment.” Ariz. Rev. Stat. § 15-761(2) |
Ariz. Rev. Stat. § 15-761(2) |
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Colorado (a) ” ‘Children with disabilities’ means: (I) Those persons from three to twenty-one years of age who, by reason of one or more of the following conditions, are unable to receive reasonable benefit from general education: (A) Autism spectrum disorders; (B) A hearing impairment, including deafness; (C) A serious emotional disability; (D) An intellectual disability; (E) Multiple disabilities; (F) An orthopedic impairment; (G) Other health impairment; (H) A specific learning disability; (I) A speech or language impairment; (J) Traumatic brain injury; (K) A visual impairment, including blindness; and (L) Deaf-blindness. (M) Repealed. (II) Those persons from birth through two years of age who have been determined to be an infant or a toddler with a disability; (III) Those persons from three through eight years of age who have been determined pursuant to 34 CFR 300.8 (b) to be children experiencing developmental delays. (b) Notwithstanding the provisions of paragraph (a) or (b) of this subsection (5), for purposes of child find activities, “children with disabilities” means persons from birth to twenty-one years of age. Colo. Rev. Stat. § 22-20-103(1.5) |
3-21 Colo. Rev. Stat. § 22-20-103 (1.5)
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Connecticut “An ‘exceptional child’ means a child who deviates either intellectually, physically or emotionally so markedly from normally expected growth and development patterns that he or she is or will be unable to progress effectively in a regular school program and needs a special class, special instruction or special services.” Conn. Gen. Stat. § 10-76a(3) ” ‘A child requiring special education’ means any exceptional child who (A) meets the criteria for eligibility for special education pursuant to the Individuals With Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, (B) has extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program, or (C) is age three to five, inclusive, and is experiencing developmental delay that causes such child to require special education. Conn. Gen. Stat. § 10-76a(5) “Developmental delay” means significant delay in one or more of the following areas: (A) Physical development; (B) communication development; (C) cognitive development; (D) social or emotional development; or (E) adaptive development, as measured by appropriate diagnostic instruments and procedures and demonstrated by scores obtained on an appropriate norm-referenced standardized diagnostic instrument. Conn. Gen. Stat. § 10-76a(6) |
3-21 Conn. Gen. Stat. § 10-76a(5) Conn. Gen. Stat. § 10-76d(b) |
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Delaware ” ‘Child’ means a person of 3 years of age, or an earlier age if otherwise provided in this title, until the receipt of a regular high school diploma or the end of the school year in which the person attains the age of 22, whichever occurs first.” Del. Code Ann. tit.14, § 3101(1) ” ‘Child with a disability’ means a child who because of mental, physical, emotional, developmental, speech or learning disability problems, as defined by the Department of Education rules and regulations approved by the State Board of Education, requires special education and related services in order to develop that person’s own capabilities. A child with a disability is eligible for services beginning on the child’s third birthday, or earlier if otherwise provided in this title.” Del. Code Ann. tit.14, § 3101(2) |
0-20 Del. Code Ann. tit.14, § 1703 Del. Code Ann. tit.14, § 3101(4) |
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Florida (a) ” ‘Exceptional student’ means any student who has been determined eligible for a special program in accordance with rules of the State Board of Education. The term includes students who are gifted and students with disabilities who have an intellectual disability; autism spectrum disorder; a speech impairment; a language impairment; an orthopedic impairment; an other health impairment; traumatic brain injury; a visual impairment; an emotional or behavioral disability; or a specific learning disability, including, but not limited to, dyslexia, dyscalculia, or developmental aphasia; students who are deaf or hard of hearing or dual sensory impaired; students who are hospitalized or homebound; children with developmental delays ages birth through 9 years or through the student’s completion of grade 2, whichever occurs first, or children, ages birth through 2 years, with established conditions that are identified in State Board of Education rules pursuant to s. 1003.21(1)(e). (b) “ ‘Special education services’ means specially designed instruction and such related services as are necessary for an exceptional student to benefit from education. Such services may include transportation; diagnostic and evaluation services; social services; physical and occupational therapy; speech and language pathology services; job placement; orientation and mobility training; braillists, typists, and readers for the blind; interpreters and auditory amplification; services provided by a certified listening and spoken language specialist; rehabilitation counseling; transition services; mental health services; guidance and career counseling; specified materials, assistive technology devices, and other specialized equipment; and other such services as approved by rules of the state board.” Fla. Stat. ch 1003.01(9) |
3 21 Birth-LEA or SEA will set maximum age of instruction [the Florida Department of Education has yet to adopt a maximum age, although 21 is the current functioning maximum. There are regulations in the adoption phase that would set the maximum. See 6A.6.0331 and 6A.6.03411.] Fla. Stat. ch 1003.21(2)(e) |
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Georgia “All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose disabling condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally disabled, behavior disordered, specific learning disabled, orthopedically disabled, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (i) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161. ” Ga. Code Ann. § 20-2-152(a) |
0 - 21 “eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed.” Ga. Code Ann. § 20-2-152(a) |
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Hawaii ” ‘Exceptional children’ includes: (1) Persons under twenty-two years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that “exceptional children” shall not include “gifted and talented children”; (2) Persons under twenty-two years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and (3) Persons under twenty-two years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.” Haw. Rev. Stat. § 302A-101 |
0 - 19 (“under 22”) Haw. Rev. Stat. § 302A-101 |
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Idaho ” ‘Children with disabilities’ means those children with cognitive impairments, hearing loss, deafness, speech or language impairments, visual impairments, blindness, deaf-blindness, serious emotional disturbance, orthopedic impairments, severe or multiple disabilities, autism, traumatic brain injury, developmental delay or specific learning disabilities, and who by reason of the qualifying disability require special education and related services. Idaho Code § 33-2001(2) |
3 - 21 Idaho Code § 33-2002 |
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Illinois ” ‘Children with disabilities’ means children between the ages of 3 and 21 for whom it is determined, through definitions and procedures described in the Illinois Rules and Regulations to Govern the Organization and Administration of Special Education, that special education services are needed.” Ill. Comp. Stat. 5/14-1.02 ” ‘Disability’ means the 13 disabilities identified in the federal Individuals with Disabilities Education Act for special education and related services. These disabilities (autism, deaf-blindness, deafness, emotional disability, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment) shall be defined as set forth in 34 CFR 300.8(c). In addition, for purposes of this Part, “autism” shall include, but not be limited to, any Autism Spectrum Disorder that adversely affects a child’s educational performance.” Ill. Admin. Code tit. 23, § 226.75. |
3 - 21 105 Ill. Comp. Stat. 5/14-1.02. |
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Indiana ” ‘Student with a disability’ means an individual who: (1) is at least three (3) years of age but less than twenty-two (22) years of age; and (2) because of physical or mental disability is incapable of being educated properly and efficiently through normal classroom instruction, but who, with the advantage of a special educational program, may be expected to benefit from instruction in surroundings designed to further the educational, social, or economic status of the student.” Ind. Code § 20-35-1-8 |
3 - 22 “Public schools may operate special education programs for hearing impaired children as young as six (6) months of age on an experimental basis upon the approval of the superintendent of public instruction and the Indiana state board of education.” Ind. Code § 20-1-6-1(1) |
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Iowa “ ‘Children requiring special education’ means persons under twenty-one years of age, including children under five years of age, who have a disability in obtaining an education because of a head injury, autism, behavioral disorder, or physical, mental, communication, or learning disability, as defined by the rules of the department of education. “Children requiring special education” includes children receiving special education services, who reach the age of twenty-one during an academic year, and who elect to receive special education services until the end of the academic year.” Iowa Code § 256B.2.(1a) |
0 - 21 Iowa Code § 256B.2.(1) |
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Kansas ” ‘Children with disabilities’ means: (1) Children with intellectual disability, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities and who, by reason thereof, need special education and related services; and (2) children experiencing one or more developmental delays and, by reason thereof, need special education and related services if such children are ages three through nine.” Kan. Stat. Ann. § 72-962(z) |
3 - 21 Kan. Admin. Regs. § 91-40-1(ddd) “school age, to be determined in accordance with rules and regulations adopted by the state board, which age may differ from the ages of children required to attend school under the provisions of K.S.A. 72-1111, and amendments thereto” Kan. Stat. Ann. § 72-962(g) |
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Louisiana ” ‘Student with an exceptionality’, including a student with a disability, means any student who is evaluated according to state and federal regulation or policy and is deemed to have a mental disability, hearing loss (including deafness), multiple disabilities, deaf-blindness, speech or language impairment, visual impairment (including blindness), emotional disturbance, orthopedic impairment, other health impairment, specific learning disability, traumatic brain injury, autism, or is deemed to be gifted or talented, and as a result requires special education and related services. A student with an exceptionality may include, as determined by the local education agency, a student experiencing developmental delay ages three through eight.” LA Rev Stat § 17:1942(4) (2022) |
3 - 21 “It is and shall be the duty of state and local educational agencies of the state of Louisiana to provide a free appropriate public education in the least restrictive environment to every student with an exceptionality, ages three through twenty-one, who is a resident therein.” LA Rev Stat § 17:1941 (2022) |
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Maine “Child with a disability” means: A. For children from birth to under 3 years of age: (1) A child who needs early intervention services because the child has a significant developmental delay, as measured by both diagnostically appropriate instruments and procedures, in one or more of the following areas: cognitive development; physical development, including vision and hearing; communication development; social or emotional development; and adaptive development; or (2) A child with a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay, with the condition being such that the child needs early intervention services; or [PL 2005, c. 662, Pt. A, §15 (NEW).] B. For children at least 3 years of age and under 22 years of age evaluated in accordance with the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1414, subsections (a) to (c) as measured by both standardized, norm-referenced diagnostic instruments and appropriate procedures with delays or impairments such that the children need special education: (1) A child at least 3 years of age and under 6 years of age with a significant developmental delay, at the discretion of the intermediate educational unit or school administrative unit, as defined in rules adopted by the department, in one or more of the following areas: cognitive development; physical development, including vision and hearing; communication development; social or emotional development; adaptive development; or (2) A child with at least one of the following: (a) Intellectual disability; (b) Deafness, including hearing loss; (c) Speech or language impairment; (d) Visual impairment, including blindness; (e) Emotional disability; (f) Orthopedic impairment; (g) Autism; (h) Traumatic brain injury; (i) Other health impairment; (j) Specific learning disabilities; (k) Deaf-blindness; and (l) Multiple disabilities. [PL 2023, c. 450, §1 (AMD).] Me. Rev. Stat. Ann. tit. 20, § 7001(1-B) |
0-3 3-22 Me. Rev. Stat. Ann. tit. 20, § 7724(1-B) |
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Maryland ” ‘Child with a disability’ means a child who has been determined through appropriate assessment as having autism, deaf-blindness, hearing impairment, including deafness, emotional disability, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment, including blindness, and who because of that impairment needs special education and related services.” Md. Code Ann., Educ. § 8-401(a)(2) |
0 - 21 Birth - end of school year when child turns 21. Md. Code Ann., Educ. § 8-403(a) |
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Massachusetts ” ‘School age child with a disability’, a school age child in a public or non-public school setting who, because of a disability consisting of a developmental delay or any intellectual, sensory, neurological, emotional, communication, physical, specific learning or health impairment or combination thereof, is unable to progress effectively in regular education and requires special education services, including a school age child who requires only a related service or related services if said service or services are required to ensure access of the child with a disability to the general education curriculum. The term ”specific learning impairment” shall be defined pursuant to 24 CFR 300.7(c)(10), the definition of specific learning disability contained in federal regulations implementing the Individual with Disabilities Education Act in effect on January 1, 2000. The term ”emotional impairment” shall be defined pursuant to 34 CFR 300.7(c)(4), the definition of ”emotional disturbance” contained in federal regulations implementing the Individual with Disabilities Education Act in effect on January 1, 2000. No child shall be determined to be a student with a disability solely because such child’s behavior violates the school’s disciplinary code and no child shall be determined to be a student with a disability solely because such child shall have failed the statewide assessment tests authorized pursuant to section 1I of chapter 69. The use of the word disability in this section shall not be used to provide a basis for labeling or stigmatizing the child or defining the needs of the child and shall in no way limit the services, programs, and integration opportunities provided to such child.” Mass. Gen. Laws ch. 71B, § 1 |
3 - 21 ”School age child”, any person of ages three through twenty-one who has not attained a high school diploma or its equivalent. Mass. Gen. Laws ch. 71B, § 1 |
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Michigan The superintendent of public instruction shall do all of the following: (a) Require each intermediate school board to submit a plan pursuant to section 1711, in accordance with special education rules, to be approved by the superintendent of public instruction. (b) Promulgate rules setting forth the requirements of the plans and procedures for submitting them. Mich. Comp. Laws § 380.1701. ” ‘Student with a disability’ means a person who has been evaluated according to the individuals with disabilities education act and these rules, and is determined by an individualized education program team, an individualized family service plan team, or an administrative law judge to have 1 or more of the impairments specified in this part that necessitates special education or related services, or both, who is not more than 25 years of age as of September 1 of the school year of enrollment, and who has not graduated from high school. A student who reaches the age of 26 years after September 1 is a ‘student with a disability’ and entitled to continue a special education program or service until the end of that school year. Mich. Admin. Code R. 340.1702 |
0 - 25 Mich. Admin. Code R. 340.1702 |
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Minnesota Subdivision 1. ” ‘Child with a disability” means a child identified under federal and state special education law as deaf or hard-of-hearing, blind or visually impaired, deafblind, or having a speech or language impairment, a physical impairment, other health disability, developmental cognitive disability, an emotional or behavioral disorder, specific learning disability, autism spectrum disorder, traumatic brain injury, or severe multiple impairments, and who needs special education and related services, as determined by the rules of the commissioner. A licensed physician, an advanced practice registered nurse, a physician assistant, or a licensed psychologist is qualified to make a diagnosis and determination of attention deficit disorder or attention deficit hyperactivity disorder for purposes of identifying a child with a disability.” Subdivision 2. In addition, every child under age three, and at local district discretion from age three to age seven, who needs special instruction and services, as determined by the rules of the commissioner, because the child has a substantial delay or has an identifiable physical or mental condition known to hinder normal development is a child with a disability. Subdivision 3. A child with a short-term or temporary physical or emotional illness or disability, as determined by the rules of the commissioner, is not a child with a disability. Minn. Stat. § 125A.02 |
3 - 21 Minn. Stat. § 125A.03 |
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Mississippi “An exceptional child shall be defined as any child as herein defined, in the age range birth through twenty (20) years of age with an intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities and, by reason thereof, needs special education and related services. Such children shall be determined by competent professional persons in such disciplines as medicine, psychology, special education, speech pathology and social work and shall be considered exceptional children for the purposes of Sections 37-23-1 through 37-23-159. Such professional persons shall be approved by the State Department of Education. The mandate for the provision of educational programs to exceptional children shall only apply to the children in the age range three (3) through twenty (20). Children who are potentially in need of special educational and related services must be considered for the services on an individual basis.” MS Code § 37-23-3(1) (2019) |
3 - 20 MS Code § 37-23-3(1) (2019) |
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Missouri “Children with disabilities” or “handicapped children”, children under the age of twenty-one years who have not completed an approved high school program and who, because of mental, physical, emotional or learning problems, require special educational services” Mo. Rev. Stat. § 162.675(1) |
0 - 21 “children under the age of twenty-one years who have not completed an approved high school program” Mo. Rev. Stat. § 162.675(1) |
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Montana ” ‘Child with a disability’ means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having a disability and who because of the disability needs special education and related services. Mont. Code Ann. § 20-7-401(1) |
3 - 18 “include preschool, elementary school, and high school education in Montana” Mont. Code Ann. § 20-7-401(1c) |
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Nebraska “Child with a disability means any person having a disability listed in section 79-1118.01 that has been verified pursuant to sections 79-1137 to 79-1139 from the date of such verification until he or she is twenty-one years of age or, if his or her twenty-first birthday occurs during a school year, until the end of such school year.” Neb. Rev. Stat. § 79-1117 “Disability means an impairment which causes a child to be identified as having at least one of the conditions defined in this section and causes such child to need special education and related services. For purposes of this section: (1) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects 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. Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance; (2) Blind and visually impaired means partially seeing or blind, which visual impairment, even with correction, adversely affects a child’s educational performance; (3) Deaf means a hearing impairment which is so severe that processing linguistic information through hearing, with or without amplification, is impaired to the extent that educational performance is adversely affected; (4) Deaf-blind means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that such impairments cannot be accommodated in special education programs solely for children who are deaf or blind; (5) Developmental delay means either (a) a significant delay in function in one or more of the following areas: (i) Cognitive development; (ii) physical development; (iii) communication development; (iv) social or emotional development; or (v) adaptive behavior or skills development, or (b) a diagnosed physical or mental condition that has a high probability of resulting in a substantial delay in function in one or more of such areas; (6) Dyslexia means a specific learning disability under subdivision (13) of this section that (a) is neurobiological in origin, (b) is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities, (c) typically results from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and effective classroom instruction, and (d) has secondary consequences that may include problems in reading comprehension and reduced reading experience that may impede growth of vocabulary and background knowledge; (7)(a) Emotional disturbance means a condition in which a student exhibits one or more of the following characteristics over a long period of time and to a marked degree which adversely affects educational performance … (b) Emotional disturbance includes schizophrenia but does not include social maladjustment unless a characteristic defined in subdivision (7)(a)(i) or (ii) of this section is also present; (8) Hard of hearing means a hearing impairment, whether permanent or fluctuating, which adversely affects educational performance but is not included under the term deaf in subdivision (3) of this section; (9) Intellectual disability means a condition in which a child exhibits significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period which adversely affects educational performance; (10) Multiple disabilities means concomitant impairments, such as intellectual disability-blind or intellectual disability-orthopedic impairment, the combination of which causes such severe educational problems that a child with such impairments cannot be accommodated in special education programs for one of the impairments. Multiple disabilities does not include deaf-blind; (11) Orthopedic impairment means a severe orthopedic impairment which adversely affects a child’s educational performance. Severe orthopedic impairments include impairments caused by (a) congenital anomaly, including, but not limited to, clubfoot or absence of a member, (b) disease, including, but not limited to, poliomyelitis or bone tuberculosis, or (c) other causes, including, but not limited to, cerebral palsy, amputations, and fractures and burns which cause contractures; (12) Other health impaired means having limited strength, vitality, or alertness due to chronic or acute health problems, including, but not limited to, a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, or diabetes, which adversely affects a child’s educational performance; (13) 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, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Specific learning disability includes, but is not limited to, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia; (14) Speech-and-language-impaired means having a communication disorder such as stuttering, impaired articulation, language impairments, or voice impairment which adversely affects a child’s educational performance; and (15) 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, including 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 include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma.” Neb. Rev. Stat. § 79-1118.01 |
0 - 21 “from the date of such verification until he or she is twenty-one years of age or, if his or her twenty-first birthday occurs during a school year, until the end of such school year.” Neb. Rev. Stat. § 79-1117 |
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Nevada “ ‘Pupil with a disability’ means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.” NV Rev Stat § 388.440 (2015) |
0 - 21 Nev. Rev. Stat. § 388.440
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New Hampshire ” ‘Child with a disability’ means any person between the ages of 3 and 21, inclusive, who has been identified and evaluated by a school district according to rules adopted by the state board of education and determined to have an intellectual disability, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, an emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, acquired brain injury, another health impairment, a specific learning disability, deaf-blindness, multiple disabilities, or a child at least 3 years of age but less than 10 years of age, experiencing developmental delays, who because of such impairment, needs special education or special education and related services. ‘Child with a disability’ shall include a person between the ages of 18 and 21 inclusive, who was identified as a child with a disability and received services in accordance with an individualized education program but who left school prior to his or her incarceration, or was identified as a child with a disability but did not have an individualized education program in his or her last educational institution.” NH Rev Stat § 186-C:2 (2022) |
3 - 21 NH Rev Stat § 186-C:2 (2022) |
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New Jersey “As used in this chapter, a child with a disability shall mean and include any child who has: an intellectual disability, a visual impairment, an auditory impairment, a communication impairment, a neurological or perceptual impairment, an orthopedic impairment, a chronic illness, an emotional disturbance impairment, multiple disabilities, autism spectrum disorder, a traumatic brain injury, other health impairments, a specific learning disability, or is deaf-blind, or a pre-schooler with a disability.” NJ Rev Stat § 18A:46-1 (2022) |
5 - 21 “In addition, each board of education shall also identify and ascertain, according to rules promulgated by the commissioner with the approval of the State board, those children between the ages of three and five years who require and who would be benefited by special education programs and services, which may prevent their disabilities from becoming more debilitating.” “Each board of education shall provide information to parents of children with disabilities who are below the age of three regarding available services and programs provided by other State, county, or local agencies, which may prevent their disabilities from becoming more debilitating.” N.J. Stat. Ann. § 18A:46-6 |
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New Mexico ” ‘[C]hildren with disabilities’ means those children who are classified as developmentally disabled according to the Developmental Disabilities Act [28-16A-1 to 28-16A-18 NMSA 1978] and the federal Individuals with Disabilities Education Act” NM Stat § 22-13-6 (2021) |
3 - 21 NM Stat § 22-13-5 (2021) |
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New York “1. A ‘child with a disability’ or ‘student with a disability’ means a person…who is entitled to attend public schools pursuant to section thrity-two hundred two of this chapter and who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education. Such term does not include a child whose educational needs are due primarily to unfamiliarity with the English language, environmental, cultural or economic factors.” N.Y. Educ. Law § 16-4401 |
0 - 20 N.Y. Educ. Law § 16-4401 |
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North Carolina “The term ‘children with special needs’ includes, without limitation, all children from age five through 20 who because of permanent or temporary mental, physical or emotional handicaps need special education, are unable to have all their needs met in a regular class without special education or related services, or are unable to be adequately educated in the public schools. It includes those who are mentally retarded, epileptic, learning disabled, cerebral palsied, seriously emotionally disturbed, orthopedically impaired, autistic, multiply handicapped, pregnant, hearing-impaired, speech-impaired, blind or visually impaired, and other health impaired.” N.C. Gen. Stat. § 115C-109 |
5 - 20 N.C. Gen. Stat. § 115C-109 |
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North Dakota ” ‘[S]tudent with disabilities’ means an individual…who because of mental, physical, emotional, or learning characteristics requires regular or special education and related services designed to meet individual’s educational needs. This includes an individual with mental retardation, hearing impairment, deafness, deaf-blindness, a speech or language impairment, a visual impairment, emotional disturbance, an orthopedic impairment, or autism, and an individual who has a specific learning disability, a traumatic brain injury, or other health impairment.” N.D. Cent. Code § 15.1-32-01 |
3 - 21 N.D. Cent. Code § 15.1-32-01z |
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Ohio ” ‘Handicapped child’ means a person under twenty-two years of age who is developmentally handicapped, hearing handicapped, speech handicapped, visually disabled, severe behavior handicapped, orthopedically handicapped, multihandicapped, other health handicapped, specific learning disabled, autistic, or traumatic brain injured, and by reason thereof requires special education.” Ohio Rev. Code Ann. § 3323.01(A) |
3 - 21 “It is the purpose of this chapter to assure that all handicapped children three to twenty-one years of age in this state shall be provided with an appropriate public education.” Ohio Rev. Code Ann. § 3323.02 |
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Oklahoma “Children with disabilities shall mean children, as defined by the Individuals with Disabilities Education Act (IDEA), P.L. No.105-17, who are three years of age. Okla. Stat. tit. 13, § 101 |
0 - 21 Policies and Procedures Manual for Special Education in Oklahoma. However, “children from age birth through two years…of age who meet the eligibility criteria specified in Section 13-123 of this title…shall be served pursuant to the provisions of the Oklahoma Early Intervention Act.” Okla. Stat. tit. 13, § 101 |
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Oregon ” ‘Children with disabilities’ means those school age children who are entitled to a free appropriate education as specified by ORS 339.115 and who require special education because they have been evaluated as having one of the following conditions as defined by rules established by the State Board of Education: Mental retardation, hearing impairment including difficulty in hearing and deafness, speech or language impairment, visual impairment, including blindness, deaf-blindness, emotional disturbance, orthopedic or other health impairment, autism, traumatic brain injury or specific learning disabilities” Ore. Rev. Stat. § 343.035(1) |
3 - 20 “Early childhood special education for children 3- until the age of eligibility for kindergarten” “ ‘Early intervention services’ means services for preschool children with disabilities from birth until three years of age” Ore. Rev. Stat. § 343.035(5),(6) “A district must admit an otherwise eligible person who has not yet attained 21 years of age prior to the beginning of the current school year if the person is: (a) Receiving special education; or (b) Shown to be in need of additional education in order to receive a diploma.” Ore. Rev. Stat. § 339.115(2) |
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Pennsylvania “The term ‘children with exceptionalities’ shall mean children of school age who have a disability…and who, by reason thereof, need specially designed instruction.” Pa. Stat. Ann. tit.13, § 1371 |
6 - 21 “children of school age” Pa. Stat. Ann. tit.13, § 1371 School age means 6-21. Pa. Stat. Ann. tit.13, § 1301 |
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Rhode Island “(a) In any city or town where there is a child with a disability…who is functionally limited to such an extant that normal educational growth and development are prevented.” R.I. Gen. Laws § 16-24-1 |
3 - 21 The state board of regents for elementary and secondary education is to adopt “(1) Criteria to determine who is to be included in the category of the exceptional child and all persons form the age of three (3) to twenty-one (21) years who are mentally retarded and/or multi-handicapped must be included in establishing the category of exceptional child” R.I. Gen. Laws § 16-24-2 |
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South Carolina ” ‘Handicapped children’ shall mean those who deviate from the normal either psychologically or physiologically to such an extent that special classes, special facilities, or special services are needed for their maximum development, including educable mentally handicapped, trainable mentally handicapped, emotionally handicapped, hearing handicapped, visually handicapped, orthopedically handicapped, speech handicapped, and those handicapped by learning disabilities as defined in item (1), 59-21-510.” S.C. Code Ann. § 59-33-20 |
3 - 21 “All three-year-old, four-year-old, and five-year-old children with disabilities in accordance with their individual education program, may participate in any public education preschool program, including optional child development programs.” “When a pupil is in the graduating class and becomes twenty-one years of age before graduation, he is permitted to complete the term if otherwise qualified to do so” S.C. Code Ann. § 59-63-20(6), (2) |
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South Dakota “As used in this chapter, ‘children in need of special education or special education and related services’ means any person…who is a resident of the state of South Dakota and who, because of his educational needs as defined by the South Dakota board of education in rules promulgated pursuant to chapter 1-26 and this chapter, is not adequately provided for through the usual facilities and services of the school and requires special education.” S.D. Codified Laws § 13-37-1 |
0 - 21 S.D. Codified Laws § 13-37-1 |
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Tennessee “(A) ‘Child with disabilities’ means children with disabilities and youth … who have been certified under regulations of the state board of education by a specialist as being unsuited for enrollment in regular classes of the public schools, or who are unable to be educated or trained adequately in such regular programs without the provision of special classes, instruction, facilities, or related services, or a combination thereof. (B) ‘Child with disabilities’ means a child with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disability, developmental delay, functional delay, and the intellectually gifted.” Tenn. Code Ann. § 49-10-102 |
“Any child with disabilities who turns twenty-two (22) years of age between the commencement of the school year in August and the conclusion of the school year the following June, will continue to be a ‘child with disabilities’ for the remainder of that school year” Tenn. Code Ann. § 49-10-102(1)(A) |
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Texas “(b) a student is eligible to participate in a school district’s special education program if the student:
(A) physical disability; Tex. Educ. Code Ann. § 29.003(b) |
3 - 21 Visually and auditorily impaired under 21 [0-21] Tex. Educ. Code Ann. § 29.003(b) |
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Utah “The State Board of Education shall adopt rules consistent with applicable state and federal law to implement [education programs for students with disabilities.]” Utah Code Ann. § 53A-15-301(1)(b) 52. Student with a Disability. A student evaluated in accordance with these Rules as having an intellectual disability, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, an emotional disturbance, and orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deafblindness, a multidisability, or children aged 3-7 experiencing developmental delays, and who, by reason thereof, needs special education or related services. Utah State Board of Education, Special Education Rules, I.E.(52) |
3 - 22 “and have not graduated from high school” Utah Code Ann. § 53A-15-301 (1)(a) |
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Vermont ” ‘Child with a disability’ means any child in Vermont eligible under state regulations to receive special education.” Vt. Stat. Ann. tit. 16, § 2942 |
3 - 21 Early education for children ages 3-5 Vt. Stat. Ann. tit. 16, § 2956 “[T]he commissioner [of education] may provide for the extension of special education to a person with a disability, having attained the age of 21, in order to complete a program of special education in which he has participated.” Vt. Stat. Ann. tit. 16, § 2944(e) |
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Virginia ” ‘Children with disabilities’ means those persons…(ii) who are mentally retarded, physically disabled, seriously emotionally disturbed, speech impaired, hearing impaired, visually impaired, multiple disabled, other health impaired including autistic or who have a specific learning disability or who are otherwise disabled as defined by the Board of Education and (iii) who because of such impairments need special education.” Va. Code Ann. § 22.1-213. |
2 - 21 “having reached the age of two by the date specified in 22.1-254 [September 30]” Va. Code Ann. § 22.1-213 |
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Washington “Children with disabilities are those children in school or out of school who are temporarily or permanently retarded in normal educational processes by reason of physical or mental disability, or by reason of emotional maladjustment, or by reason of other disability, and those children who have specific learning and language disabilities resulting from perceptual-motor disabilities, including problems in visual and auditory perception and integration.” “The superintendent of public instruction shall…establish for the purpose of excess cost funding…functional definitions for the various types of disabling conditions and eligibility criteria for special education programs for students with disabilities.” Wash Rev. Code § 28A.155.020 |
3 - 21 “but when the twenty-first birthday occurs during the school year, the educational program may be continued until the end of that school year.” Wash Rev. Code § 28A.155.020 |
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West Virginia “Provisions shall be made for educating exceptional children…who differ from the average or normal in physical, mental or emotional characteristics, or in communicative or intellectual deviation characteristics, or in both communicative and intellectual deviation characteristics, to the extent that they cannot be educated safely or profitably in the regular classes of the public schools or to the extent that they need special educational provisions within the regular classroom in order to educate them in accordance with their capacities, limitations, and needs” W. Va. Code § 18-20-1 |
5 - 21 W. Va. Code § 18-20—1 Severely handicapped children may begin at age 3. W. Va. Code § 18-20-1a |
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Wisconsin “(a) ‘Child with a disability means a child who, by reason of any of the following, needs special education and related services: (1) Cognitive disabilities. (2) Hearing impairments. (3) Speech or language impairments. (4) Visual impairments. (5) Emotional disturbance. (6) Orthopedic impairments. (7) Autism. (8) Traumatic brain injury. (9) Other health impairments. (10) Learning disabilities. (b) ‘Child with a disability’ may, at the discretion of the local educational agency and consistent with department rules, include a child who, by reason of his or her significant developmental delay, needs special education and related services. Wis. Stat. § 115.76.(5) |
3 - 21 Wis. Stat. § 115.76.(3) |
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Wyoming “Every child of school age in the state of Wyoming having a mental, physical or psychological disability which impairs learning, shall be entitled to and shall receive a free and appropriate education in accordance with his capabilities” Wyo. Stat. Ann. § 21-2-501 |
3 - 21 “Every child of school age” [Notes state, “No educational services after age 21”] Wyo. Stat. Ann. § 21-2-501 ” ‘Preschool children with disabilities’ means any children three (3) through five (5) years of age” Wyo. Stat. Ann. § 21-2-701.(a)(ii) |
Special Education Attendance: Age Ranges in the States
The following table lists the special education attendance ranges for every state, with the average at the end. The average minimum age for special education services provided by the public school is 2.28 years of age. The average maximum age for special education services provided by the public school is 20.88 years of age. However, this is only a maximum; a special education student who graduates before his/her maximum age limit expires is no longer eligible for special education services. Additionally, the minimums do not necessarily represent the minimum age for which a special education child can receive public services. Many states offer early education programs through departments other than the department of education.
View graph of Special Education Attendance: Age Ranges in the States
The Individuals with Disabilities Education Act Definition of “Child with a Disability”
Sec. 300.8 Child with a disability
(a) General.
(1) Child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.
(ii) If, consistent with §300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.
(b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in §300.111(b), include a child—
(1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
(2) Who, by reason thereof, needs special education and related services.
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows:
(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects 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.
(ii) Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.
(iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.
(2) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
(3) 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.
(i) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(C) Inappropriate types of behavior or feelings under normal circumstances.
(D) A general pervasive mood of unhappiness or depression.
(E) A tendency to develop physical symptoms or fears associated with personal or school problems.
(ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.
(5) Hearing impairment means an 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 in this section.
(6) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance. The term “intellectual disability” was formerly termed “mental retardation.”
(7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-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.
(8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).
(9) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that—
(i) 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
(ii) Adversely affects a child’s educational performance.
(10) Specific learning disability—
(i) General. 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 manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
(ii) Disorders not included. Specific learning disability does 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.
(11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.
(12) 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.
(13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.
[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007; 82 FR 31912, July 11, 2017]
Additional resources:
The Individuals with Disabilities Education Act