State Special Education Definitions, Ages Served

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)

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Ala. Code § 16-39-2.(1)

Alaska

“ ’Child with a disability’ means a child with one or more of the following: (A) mental retardation; (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;

Alaska Stat. § 14.30.350(2)

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Alaska Stat. § 14.30.350

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: (a) Autism. (b) Emotional disability. (c) Hearing impairment. (d) Other health impairments. (e) Specific learning disability. (f) Mild, moderate or severe mental retardation. (g) Multiple disabilities. (h) Multiple disabilities with severe sensory impairment. (i) Orthopedic impairment. (j) Preschool moderate delay. (k) Preschool severe delay. (l) Preschool speech/language delay. (m) Speech/language impairment. (n) Traumatic brain injury. (o) Visual impairment."

Ariz. Rev. Stat. § 15-761(2)

Ariz. Rev. Stat. § 15-761(2)

Arkansas

“ 'Exceptional children' means children with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbances (hereinafter referred to as ‘emotional disturbance’), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who by reason thereof need special education and related services.”

Ark. Code Ann § 6-41-302(2)

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Ark. Code Ann. § 6-18-202

California

"'Children with exceptional needs' means infants or toddlers, from birth to 36 months of age inclusive, who have been determined eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations, and children 3 years of age and older who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with section 56000), and meeting eligibility criteria described in Section 56026 and Sections 56333 to 56338, inclusive, and sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children have an active individualized education program or individualized family service plan, and are receiving early intervention services or appropriate special education and services, unless they are under three years of age and permissive special education programs are available. These children, ages birth to 21 years, inclusive, may be autistic, developmentally disabled, hard-of-hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, other health impaired, deaf-blind, multi-handicapped, or children with specific learning disabilities, who require the special attention of adults in a child care setting."

Cal. Educ. Code § 8208(l)

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May continue in program if 22nd birthday falls before end of school year.

Cal. Educ. Code § 56026

Colorado

" 'Children with disabilities' means those persons...who by reason of one or more of the following conditions are unable to receive reasonable benefit from ordinary education: Long-term physical impairment or illness; significant limited intellectual capacity; significant identifiable emotional disorder or identifiable perceptual or communicative disorders; or speech disorders. 'Children with disabilities' also means those persons...whose presence in the ordinary educational program is detrimental to the education of others and who must therefore receive modified or supplementary assistance and services in order to function and learn."

Colo. Rev. Stat. § 22-20-103(1.5)

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Colo. Rev. Stat. § 22-20-103 (1.5)

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)

" 'Children requiring special education' includes any exceptional child who (A) has mental retardation, a physical handicap or neurological impairment or who is autistic, traumatically brain injured, seriously emotionally disturbed or suffering an identifiable learning disability which impedes such child's rate of development, which disability is amenable to correction or which rate of development may be improved by special education"

Conn. Gen. Stat. § 10-76a(5)

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Conn. Gen. Stat. § 10-76a(5)

Conn. Gen. Stat. § 10-76d(b)

Delaware

" ’Handicapped person’ means a person...who because of mental, physical, emotional or learning disability problems, as defined by the Department of Education rules and regulations approved by the state’s board of education, requires special education and related services in order to develop his or her capabilities. This term includes children 3 through 4 inclusive who are experiencing developmental delay and speech and/or language delay. A handicapped person is eligible for services beginning on his or her third birthday."

Del. Code Ann. tit.14, § 3101(4)

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Del. Code Ann. tit.14, § 1703

Del. Code Ann. tit.14, § 3101(4)

Florida

“ ’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 are mentally handicapped, speech and language impaired, deaf or hard of hearing, visually impaired, dual sensory impaired, physically impaired, emotionally handicapped, specific learning disabled, hospital and homebound, autistic, developmentally delayed children, ages birth through 5 years, 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).

Fla. Stat. ch 1003.01(3)(a)

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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)

Georgia

"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...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."

Ga. Code Ann. § 20-2-152(a)

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"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)
Ga. Code Ann. § 20-2-150(a)

Hawaii

" 'Exceptional children' includes: (1) Persons...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...(2) Persons...who by reason of physical defects cannot attend the regular public school classes with normal children; and (3) Persons...who are certified by a licensed physician eligible to membership in the state medical society to be emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods."

Haw. Rev. Stat. § 302A-101

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(“under 20”)

Haw. Rev. Stat. § 302A-101

Idaho

"'Children with disabilities' mean [sic] those children with mental retardation, hearing impairments, 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 requires special education and related services."

Idaho Code § 33-2001(3)

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Idaho Code § 33-2002

Illinois

" 'Children with disabilities' means children...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."

105 Ill. Comp. Stat. 5/14-1.02

“ ’Disability’: Any of the following specific conditions. Autism…, Deaf-Blindness…, Deafness…, Emotional Disturbance…, Hearing Impairment…, Mental Retardation…, Multiple Disabilities…, Orthopedic Impairment…, Other Health Impairment…, Specific Learning Disability…, Speech or Language Impairment…, Traumatic Brain Injury…, Visual Impairment… .

23 Ill. Admin. Code tit. 23, § 226.75.

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105 Ill. Comp. Stat. 5/14-1.02.

Indiana

" 'Child with a disability' means any child...who 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 child."

Ind. Code § 20-1-6-1(1)

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"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)

Iowa

" 'Children requiring special education' means persons...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."

Iowa Code § 256B.2.(1)

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Iowa Code § 256B.2.(1)

Kansas

“’Children with disabilities’ means children 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, or specific learning disabilities and who, by reason thereof, needs special education and related services.”

Kan. Stat. Ann. § 72-962(z)

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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)

Kentucky

" 'Exceptional children and youth' means persons...who differ in one (1) or more respects from same-age peers in physical, mental, learning, emotional, or social characteristics and abilities to such a degree that they need special educational programs or services for them to benefit from the regular or usual facilities or educational programs of the public school in the districts in which they reside. The department of Education, through administrative regulations promulgated by the Kentucky Board of Education, shall interpret the statutory definitions of exceptionality. An exceptionality is any trait so defined in this section by administrative regulations of the Kentucky Board of8 Education. [...] Categories of exceptionalities included within, but not limited by, this definition are as follows: (a)’Orthopedic impairment’...(b) 'Other health impaired'...(c) ‘Speech or language impairment'...(d) 'Hearing impairment'...(e) 'Mental disability'...(f) 'Specific learning disability'...(g) 'Emotional-behavioral disability'...(h) 'Multiple disability'...(i) 'Deaf-blind'...(j) 'Visually disabled'...(k) 'Developmental delay'...(l) 'Traumatic brain injury'...(m) 'Autism'..."

Ky. Rev. Stat. Ann. § 157.20 (1)

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Ky. Rev. Stat. Ann. § 157.20 (1)

Louisiana

“A ‘child with an exceptionality’ is any child who is located, identified, and evaluated...with mental disabilities, hearing impairments (including deafness), emotional/behavioral disorders, orthopedic impairments, other health impairments, specific learning disabilities, which include perceptual disabilities, brain injury, minimal brain dysfunction, developmental aphasia and dyslexia, traumatic brain injury, or autism … and as a result may require special education and related services. This may also include a child with a disability, aged three through nine experiencing developmental delays.”

La. Rev. Stat. Ann. § 17:1943(2)

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But "[s]pecial education may be provided under this Part for eligible children under three years of age."

La. Rev. Stat. Ann. § 17:1943 (1)

Maine

'Exceptional student' is an individual who: [...] (C) Requires special education because of one or more of the following: (1) Visual impairments, including blindness; (2) Hearing impairments, including deafness; (3) Speech and language impairments; (4) Specific learning disabilities; (5) Orthopedic impairments; (6) Emotional disability; (7) Mental retardation; (8) Autism; (9) Traumatic brain injury; (10) Other health impairment; (11) Deafness and blindness; or (11) Multiple disabilities.

Me. Rev. Stat. Ann. tit. 20, § 7001(2)

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age 5 on or before October 15; not reached 20 at the start of the school year

Me. Rev. Stat. Ann. tit. 20, § 7001(2)

"The Child Development Services System is established for the purpose of maintaining a coordinated service delivery system for the provision of childfind activities for children, from birth to under age 3, early intervention services for eligible children, from birth to under age 3, and free, appropriate and public education services for eligible children, from age 3 to under age 6, who have a disability."

Me. Rev. Stat. Ann. tit. 20, § 7724(1)

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 disturbance, mental retardation, 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 or related services.”

Md. Code Ann., Educ. § 8-401(a)(2)

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Birth – end of school year when child turns 21.

Md. Code Ann., Educ. § 8-403(a)

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 develop-mental 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 deter-mined 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

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who has not attained a high school diploma or its equivalent

Mass. Gen. Laws ch. 71B, § 1

Michigan

The state board shall: (a) Develop, establish, and continually evaluate and modify in cooperation with intermediate school boards, a state plan for special education which shall provide for the delivery of services designed to develop the maximum potential of every handicapped student. The plan shall coordinate all special education programs and services.

Mich. Comp. Laws § 380.1701.

“Student with a disability” means a person who is determined by an individualized education program team or hearing officer to have one or more of the impairments specified in this part that necessitates special education or related services, or both.”

Mich. Admin. Code r. 340.1702

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Mich. Admin. Code r. 340.1702

Minnesota

“Every child who has a hearing impairment, visual disability, speech or language impairment, physical handicap, other health impairment, mental handicap, emotional/behavioral disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and needs special instruction and services, as determined by the standards of the commissioner, is a child with a disability. 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 standards 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.”

Minn. Stat. § 125A.02

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Birth- July 1 after the student becomes 21 years old, but shall not extend beyond secondary school.

Minn. Stat. § 125A.03

Mississippi

“An exceptional child shall be defined as any child as herein defined… 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, or specific learning disabilities and, by reason thereof, needs special education and related services.”

Miss. Code Ann. § 37-23-3(1)

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Miss. Code Ann. § 37-23-3(1)

Missouri

" 'Handicapped children', children...who have not completed an approved high school program and who, because of mental, physical, emotional or learning problems, require special educational services. (3) 'Severely handicapped children', handicapped children...who, because of the extent of the handicapping condition or conditions, as determined by competent professional evaluation, are unable to benefit from or meaningfully participate in programs in the public schools for handicapped children. The term 'severely handicapped' is not confined to a separate and specific category but pertains to the degree of disability which permeates a variety of handicapping conditions and education programs."

Mo. Rev. Stat. § 162.675(2)

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"not in excess of twenty-one years"

Mo. Rev. Stat. § 162.670

under 21

Mo. Rev. Stat. § 162.675(2)

Montana

" 'Child with a disability' means a child evaluated in accordance with the regulations of the Individuals With Disabilities Education Act as having cognitive delay; hearing impairment, including deafness; speech or language impairment; visual impairment, including blindness; emotional disturbance; orthopedic impairment; autism; traumatic brain injury; other health impairments; deaf-blindness; multiple disabilities; or specific learning disabilities and who because of those impairments needs special education and related services. A child who is 5 years of age or younger may be identified as a child with disabilities without the specific disabilities being specified."

Mont. Code Ann. § 20-7-401(4)

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Mont. Code Ann. § 20-7-411(2,3)

“Programs may be established for persons with disabilities between the ages of 0 and 21 [only under certain conditions]”

Mont. Code Ann. § 20-7-412(2)

Nebraska

“Child with disability means a child having a disability listed in section 79-1118.01and verified pursuant to sections 79-1137 to 79-1139.”

Neb. Rev. Stat. § 79-1117

“Disability means an impairment which causes a child to be classified as mentally retarded, hard of hearing, deaf, speech and language impaired, blind and visually impaired, behaviorally disordered, orthopedically impaired, other health impaired, deaf-blind, or developmentally delayed or as having multiple disabilities or specific learning disabilities, traumatic brain injury, or autism and causes such child to need special education or related services.”

Neb. Rev. Stat. § 79-1118.01

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“from the date of diagnosis or the date of notification of the school district of residence to age twenty-one and, if the child's twenty-first birthday occurs during a school year, until the end of that school year.”

Neb. Rev. Stat. § 79-1126

Nevada

" 'Pupil with a disability' means a person...who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services."

Nev. Rev. Stat. § 388.44

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Nev. Rev. Stat. § 388.44

"except that where the enrollment period for the school year is before his 22nd birthday, he remains eligible to complete that school year irrespective of his age"

Nev. Rev. Stat. § 395.02

New Hampshire

" 'Educationally disabled child' means any person...who has been identified and evaluated by a school district according to the provisions of RSA 186-C:7 and determined to be mentally retarded, hearing impaired, speech or language impaired or both, visually impaired, including blindness, seriously emotionally disturbed, orthopedically impaired, otherwise severely health impaired, deaf-blind, multi-disabled, traumatic brain injured, autistic, or as having specific learning disabilities, who because of such impairment, needs special education or special education and educationally related services."

N.H. Rev. Stat. Ann. § 186-C:2

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N.H. Rev. Stat. Ann. § 186-C:2

New Jersey

"As used in this chapter a handicapped child shall mean and include any child who is mentally retarded, visually handicapped, auditorily handicapped, communication handicapped, neurologically or perceptually impaired, orthopedically handicapped, chronically ill, emotionally disturbed, socially maladjusted, multiply handicapped, autistic, or pre-school handicapped."

N.J. Stat. Ann. § 18A:46-1

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“In addition, each board of education shall also identify and ascertain...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 handicaps from becoming more debilitating.”

“Each board of education shall provide information to parents of handicapped children below the age of three regarding available services and programs provided by other State, county or local agencies, which may prevent their handicaps from becoming more debilitating.”

N.J. Stat. Ann. § 18A:46-6

New Mexico

“ ’[C]hildren with disabilities’ means those children who are classified as developmentally disabled according to the Developmental Disabilities Act”

N.M. Stat. Ann. § 22-13-6

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N.M. Stat. Ann. § 22-13-5

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

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N.Y. Educ. Law § 16-4401

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

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N.C. Gen. Stat. § 115C-109

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

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N.D. Cent. Code § 15.1-32-01z

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)

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"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

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

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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

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)

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“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)

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

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"children of school age"

Pa. Stat. Ann. tit.13, § 1371

School age means 6-21.

Pa. Stat. Ann. tit.13, § 1301

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

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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

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

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"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)

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

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S.D. Codified Laws § 13-37-1

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)

Texas

“(b) a student is eligible to participate in a school district’s special education program if the student:

• is not more than 21 years of age and has a visual or auditory impairment that prevents the student from being adequately or safely educated in a public school without the provision of special services; or
• is at least three but not more than 21 years of age and has one or more of the following disabilities that prevents the student from being adequately or safely educated in the public schools without the provision of special services.

(A) physical disability;
(B) mental retardation;
(C) emotional disturbance;
(D) learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.

Tex. Educ. Code Ann. § 29.003(b)

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Visually and auditorily impaired under 21 [0-21]

Tex. Educ. Code Ann. § 29.003(b)

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)

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"and have not graduated from high school"

Utah Code Ann. § 53A-15-301 (1)(a)

Vermont

" 'Child with a disability' means any child in Vermont eligible under state regulations to receive special education."

Vt. Stat. Ann. tit. 16, § 2942

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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)

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.

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"having reached the age of two by the date specified in 22.1-254 [September 30]"

Va. Code Ann. § 22.1-213

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

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"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

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

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W. Va. Code § 18-20--1

Severely handicapped children may begin at age 3.

W. Va. Code § 18-20-1a

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)

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Wis. Stat. § 115.76.(3)

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

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"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)