Disabling Conditions

A developmental disability significantly affecting verbal and non-verbal communication and social interaction, generally evident before age three, that adversely affects educational performance.

Characteristics of autism include irregularities and impairments in communication, engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not include children with characteristics of the emotional disturbance disability.

If a child manifests characteristics of the disability category autism after age three, that child still could be diagnosed as having autism if criteria in the paragraph above are satisfied.

Note: See CCR 3030 (g) for a similar definition of eligibility for autistic-like behaviors based upon state criteria.

Concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for deaf or blind children.

A hearing impairment, whether permanent or fluctuating, that is so severe that the child is impaired in processing linguistic information through hearing, even with amplification, which adversely affects educational performance.

A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance:

• An inability to learn which cannot be explained by intellectual, sensory, or health factors.
• An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
• Inappropriate types of behavior or feeling under normal circumstances, exhibited in several situations.
• A general pervasive mood of unhappiness or depression.
• A tendency to develop physical symptoms or fears associated with personal or school problems.

The term includes children who are schizophrenic. The term does not include children who are socially maladjusted, unless it is determined that they exhibit one or more of the characteristics listed above.

A hearing impairment, whether permanent or fluctuating, which adversely affects a child’s educational performance, but which is not included under the definition of “deafness” in this section.

A federal category of disability that includes both hard of hearing and deaf individuals as defined above.

Significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which adversely affects a child’s educational performance.

Concomitant impairments, such as mentally retarded-blind or mentally retarded-orthopedic impaired, the combination of which causes such severe educational problems that they cannot be accommodated in special education programs solely for one of the impairments.

The term does not include deaf-blind children.

A severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by congenital anomaly (e.g., clubfoot, absence of a member, etc.) and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns which cause contractures).

Having limited strength, vitality, or alertness, due to chronic or acute health problems, such as 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.

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 as an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.

The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include children who have learning problems that are primarily the result of visual, hearing, or motor disabilities, mental retardation, or emotional disturbance. Sociological causes, including environmental, cultural, or economic disadvantages and limited English proficiency may not be factors causing the learning problems.

The IEP team including assessment personnel shall make the decision as to whether or not a severe discrepancy exists. The decision shall take into account all relevant material. No single score or product of scores, test, or procedure shall be used as a sole criterion

A communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, which adversely affects a child's educational performance.

An acquired injury to the brain caused by an external physical force or by an internal occurrence, such as a stroke or aneurysm, resulting in total or partial functional disability or psychosocial maladjustment that adversely affects educational performance.

The term includes open or closed head injuries resulting in mild, moderate, or severe impairments in one or more areas, including cognition; language memory; attention; reasoning; abstract thinking; judgement; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma.

A visual impairment that, even with correction, adversely affects a child’s educational performance.

The term includes both partial sight and blindness.