Classifying Disabilities

The Different Ways That Disabilities Are Classified

As we discussed briefly in Chapter One and will discuss in more detail in Chapters Eighteen, Nineteen, and Twenty, federal law classifies disabilities according to different laws and acts: the Americans with Disabilities Act of 1990 (ADA); the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004); and Section 504 of the Rehabilitation Act of 1973. Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. ADA is a civil rights law that was developed to protect individuals with disabilities by prohibiting discrimination in employment or public services and may affect areas such as education, housing, transportation, and employment. According to ADA, an individual is considered disabled if they have either a physical or mental impairment that severely limits major life activities. Accommodations under ADA may include but are not limited to alterations such as redesigned equipment or structural areas to ensure reasonable access to facilities (for example, wheelchair ramps) or information, such as telecommunication devices for individuals who are deaf (for example, telecommunication devices for the deaf: TDY).

Under Section 504 of the Rehabilitation Act of 1973, a handicapping condition exists if there is a physical or mental impairment that significantly limits major life activities. Major life activities include walking, seeing, performing manual tasks, speaking, breathing, learning, and working. Section 504 pertains to adults in the workforce or school-age youth (that is, those under twentytwo years old). Under Section 504, ADHD could be considered a handicapping condition.

Unlike ADA, IDEA 2004 specifically defines disabilities in terms of educationally handicapping conditions. Children and youth between three and twentyone years of age who have had an individualized evaluation can be deemed eligible for special education and related services by a multidisciplinary team if they qualify for services in one or more of thirteen designated categories. In addition, children aged three through nine years who evidence developmental delays may also qualify for services.

Under IDEA 2004, special education refers to instruction that is specifically designed to meet a child's educational needs on the basis of the child's unique disability. Related services, such as speech-language, physical, or occupational therapy, can also be provided at no cost to parents if it is determined that these related services are required in order to help the child benefit from special education services.

Infants and toddlers with disabilities (birth through two years of age) and their families receive support services through an early intervention system. IDEA 2004 supports early intervention for infants and toddlers with disabilities due to developmental delays (in cognitive, physical, communication, social-emotional, or adaptive functioning) or for those who have a diagnosed physical or mental handicapping condition. As was noted previously in the discussion of intellectual disability, adaptive functioning can include daily living and self-help skills, such as a child's ability to feed or dress himself.

Developmental Delays

IDEA 2004 allows each state and local educational agency (that is, a school district) to classify children between the ages of three and nine as developmentally delayed without having to specify one of the thirteen disability categories. Under IDEA 2004, the classification of developmental delay can be retained until a child's ninth birthday; however, this is at the discretion of the state educational authority.