13 Disabling Classifications Under IDEA

In order to be eligible, the disability must adversely affect educational performance (MSER, part 3).

Specific Learning Disability:
A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. 20 USC 1401(30)

Exceptions: if determinant factor is lack of appropriate instruction in reading, math, or student has limited English proficiency (LEP). 20 USC 1414(b)(5)

Not required to take into consideration whether severe discrepancy between ability and achievement exists and may use process that determines if child responds to scientific, research based intervention as part of evaluation procedures. 20 USC 1414( b)(6)

Emotional Disability: MSER 3.5
One of 5 criteria must be present:

1. Inability to learn that cannot be explained by intellectual, sensory, or health factors
2. inability to build or maintain satisfactory interpersonal relationships with peer and teachers
3. inappropriate types of behaviors or feelings under normal circumstances
4. a general pervasive mood of unhappiness or depression
5. a tendency to develop physical symptoms or fears associated with personal or school problems

Exception: Social Maladjustment
Litmus Test Re: Oppositional Defiant Disorder or Conduct Disorder is inappropriate
See: Springer v. Fairfax County School Board, 134 F.3d 659 (1998, 4th Cir.)