Understanding the 13 IDEA Disability Categories (and How to Protect Your Child’s Rights)

If your child struggles in school, one of the first questions you’ll face is:
“Does my child qualify for special education under IDEA?”

The Individuals with Disabilities Education Act (IDEA) defines 13 categories of eligibility for students ages 3–21. But the process isn’t simple:

• Schools often misinterpret or misuse the definitions to deny services.

• Some states (like Iowa) impose additional exclusions or tests not in federal law.

• Many parents aren’t told they can list multiple disabilities (primary and secondary) to ensure full support.

Here’s everything you need to know, with references to federal law and state rules, plus language to use when schools try to block you.

1. The 13 Disability Categories Under IDEA

IDEA (34 C.F.R. §300.8) recognizes these categories for special education eligibility. Here’s what each means, including key exclusions schools often use:

1. Autism

   • Developmental disability affecting verbal/nonverbal communication and social interaction, evident before age 3, that affects educational performance.

   • Includes autism spectrum disorders (Level 1–3).

   • Exclusions: Does not include a condition if educational performance isn’t adversely affected.

   • Reference: 34 C.F.R. §300.8(c)(1)

2. Deaf-Blindness

   • Concomitant hearing and visual impairments causing severe communication and educational needs that cannot be addressed by programs solely for one impairment.

   • Reference: 34 C.F.R. §300.8(c)(2)

3. Deafness

   • Hearing impairment so severe the child cannot process linguistic information with or without amplification, adversely affecting education.

   • Reference: 34 C.F.R. §300.8(c)(3)

4. Developmental Delay (DD) (for ages 3–9)

   • Significant delay in physical, cognitive, communication, social/emotional, or adaptive development.

   • State option: Some states cap this at age 5 or 6.

   • Reference: 34 C.F.R. §300.8(b)

5. Emotional Disturbance (ED)

   • Includes anxiety, depression, withdrawal, inappropriate behavior, or psychosis that affects education over a long time and to a marked degree.

   • Exclusions: Does not include temporary issues due to situational stress (e.g., divorce).

   • Reference: 34 C.F.R. §300.8(c)(4)

6. Hearing Impairment

   • Impairment (fluctuating or permanent) that adversely affects education but is not classified as deafness.

   • Reference: 34 C.F.R. §300.8(c)(5)

7. Intellectual Disability (ID)

   • Significantly subaverage general intellectual functioning, deficits in adaptive behavior, manifested during development, affecting education.

   • Reference: 34 C.F.R. §300.8(c)(6)

8. Multiple Disabilities

   • Concomitant impairments (e.g., ID + orthopedic) that cause severe needs not met by one disability category alone.

   • Note: This is different from listing primary and secondary disabilities (see below).

   • Reference: 34 C.F.R. §300.8(c)(7)

9. Orthopedic Impairment

   • Severe impairment caused by congenital anomaly, disease, or other causes (e.g., cerebral palsy, amputations).

   • Reference: 34 C.F.R. §300.8(c)(8)

10. Other Health Impairment (OHI)

    • Limited strength, vitality, or alertness due to chronic or acute health problems (ADHD, epilepsy, diabetes, Tourette, etc.) affecting education.

    • Exclusions: Does not cover short-term, minor issues (e.g., colds).

    • Reference: 34 C.F.R. §300.8(c)(9)

11. Specific Learning Disability (SLD)

    • Disorder in one or more basic psychological processes affecting reading, writing, math, or language.

    • Includes dyslexia, dyscalculia, written expression disorder.

    • Exclusions: Not primarily due to vision, hearing, motor disabilities, ID, emotional disturbance, or lack of instruction.

    • Reference: 34 C.F.R. §300.8(c)(10)

12. Speech or Language Impairment (SLI)

    • Communication disorder (stuttering, articulation, language, voice) affecting education.

    • Reference: 34 C.F.R. §300.8(c)(11)

13. Traumatic Brain Injury (TBI)

    • Acquired injury to the brain causing functional disability, affecting education.

    • Exclusions: Not congenital or degenerative conditions.

    • Reference: 34 C.F.R. §300.8(c)(12)

14. Visual Impairment (Including Blindness)

    • Vision loss (partial or complete) that affects education, even with correction.

    • Reference: 34 C.F.R. §300.8(c)(13)

Primary vs. Secondary Disabilities (Can You List More Than One?)

• Yes, you can have multiple disabilities listed.

  • IDEA allows one primary disability and additional secondary disabilities on the IEP.

  • Schools often resist because each category triggers service requirements, funding, and accountability.

• Why it matters:

  • Listing both (e.g., Autism (primary) and SLD (secondary)) ensures services for both.

  • Helps avoid denial of needed supports like speech therapy or behavioral interventions.

• What to do if the school refuses:

  • Cite 34 C.F.R. §300.306(b)(1)(i): Eligibility must be based on the child’s needs, not administrative convenience.

  • Request Prior Written Notice (PWN) if they refuse to list both. They must explain why in writing (34 C.F.R. §300.503).

State-Specific Notes (Example: Iowa)

Some states (like Iowa) add extra layers to eligibility:

• Iowa requires proof that the disability has a significant educational impact, sometimes beyond federal definitions.

• They may also apply Response to Intervention (RTI) before allowing SLD eligibility, delaying services.

• These state policies cannot override IDEA’s core protections but are often used to slow down identification.

Reference: Iowa IDEA Regulations

What to Say When the School Refuses

Use firm, legally grounded language:

“Under IDEA, eligibility decisions must be based on my child’s needs, not administrative policy. Please provide Prior Written Notice, including the data, legal basis, and reasons for refusing to list both primary and secondary disabilities. If this refusal continues, I will file a state complaint under 34 C.F.R. §300.153.”

How to Escalate (Step by Step)

1. Request PWN in writing. This triggers the school’s legal obligation to justify its decision.

2. File a State Complaint (free) with your state Department of Education if they fail to comply.

3. File an OCR Complaint if discrimination (denial due to race, disability, or retaliation) is suspected.

4. Consider mediation or due process—but always start by documenting the refusal and citing the law.

Key Parent Rights

• The school cannot deny eligibility or services solely because your child is passing classes, receiving outside help, or has “behavioral” issues instead of academics.

• You can request an Independent Educational Evaluation (IEE) at the school’s expense if you disagree with their evaluation (34 C.F.R. §300.502).

• You can challenge any refusal through state complaints or due process.

Final Takeaways

• Know the 13 disability categories and how they apply to your child.

• Don’t let the school limit you to one label if your child needs more than one.

• Use PWN requests, state complaints, and OCR filings when schools stonewall.

• The law is on your side—use it.

Need Help?

If you’re facing resistance from your school, The IEP Files™ can help you draft letters, file complaints, and make sure your child’s IEP reflects every service they’re entitled to.