A.  Disability Under the Individuals with Disabilities Education Improvement Act (IDEA)

C.R.S §22-20-101;
C.R.S §22-20-102;
C.R.S §22-20-103;
C.R.S §22-20-104;
C.R.S §22-20-105; Repealed
C.R.S §22-20-106;
C.R.S §22-20-107;
C.R.S §22-20-108;
C.R.S §22-20-109;
C.R.S §22-20-110; Repealed
C.R.S §22-20-111;
C.R.S §22-20-112;
C.R.S §22-20-113; Repealed
C.R.S §22-20-114;
C.R.S §22-20-115; Repealed
C.R.S §22-20-116;
C.R.S §22-20-117; Repealed
C.R.S §22-20-118.
The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) is by far the most important and detailed statute governing access to education for children with special needs. Certain provisions of IDEA, along with federal regulations and Colorado law, are particularly applicable to children in the juvenile justice system or the child welfare system, and to children involved with school attendance (truancy) issues.  The Code of Federal Regulations interprets IDEA. The Colorado Exceptional Children’s Education Act (ECEA) governs the implementation of IDEA in Colorado.

State Bd. of Educ. Rule2220-R-1.00 through 12.07, 1 Code Colo. Regs. 301-8 (2009).
The Rules for the Administration of the ECEA interpret the ECEA.

IDEA and all the accompanying rules are reauthorized or revised periodically, so check appropriate resources for updates. This section discusses the purpose of IDEA and definition of disability. IDEA sets forth the process for identifying a child with special needs, providing special education, and resolving any disputes that occur along the way. IDEA is driven by the concept of parent advocacy, and without parent advocacy, the system may not be effective. Other provisions, including how to make sure a parent advocate is available, are discussed in detail in the pertinent topic sections.  



20 U.S.C. § 1400(d) (2005).
1. Purpose of IDEA

The purpose of IDEA is to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living . . . [and] to ensure that the rights of children with disabilities and the parents of such children are protected . . .








20 U.S.C. § 1401(29) (2005)
Special education is defined in IDEA as specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including
  • Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings and;
  • Instruction in physical education.
















20 U.S.C. § 1401(3)(A)(i)
2.Definitions of Disability under IDEA and Supporting Rules
  • A “child with a disability” under IDEA is a child with one of the following:
  • Mental retardation;
  • Hearing impairments (including deafness);
  • Speech or language impairments;
  • Visual impairments (including blindness);
  • Serious emotional disturbance (referred to simply as “emotional disturbance”);
  • Orthopedic impairments;
  • Autism;
  • Traumatic brain injury;
  • Other health impairments; and
  • Specific learning disabilities.
20 U.S.C. § 1401(3)(A)(ii);
34 C.F.R. § 300.8(a)(1).
To qualify for special education services, a child must have one or more of these disabilities, and also, because of the disability, need special education and related services.

20 U.S.C. § 1401(30)(A).
A specific learning disability “means a disorder in 1 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.”

20 U.S.C. § 1401(30)(B).
Included disorders are “perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.” The disabilities are defined more extensively in 34 C.F.R. § 300.8.















34 C.F.R. § 300.8(c)(4). 
An emotional disturbance is a "condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s education performance":
  • An inability to learn that 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 feelings under normal circumstances.
  • A general pervasive mood of unhappiness or depression.
  • A tendency to develop physical symptoms or fears associated with personal or school problems.
  • Emotional disturbance includes schizophrenia. The term does not apply to children who are emotionally maladjusted, unless it is determined that they have an emotional disturbance. . . .
Rule 2.08.
Disability is defined in greater detail in the Rules for the Administration of the ECEA.

Rule 2.08(5).
For instance, a child with a significant identifiable emotional disability “shall have social or emotional functioning which prevents the child from receiving reasonable educational benefit from regular education.”

Rule 2.08(5).
Emotional or social functioning is then described in great detail with respect to symptoms or behaviors.











20 U.S.C. § 1401(3)(B)(i).

20 U.S.C. § 1401(3)(B)(ii). 
The definition of a “child with a disability,” for a child aged three through nine, at the discretion of the state and the local educational agency, may include a child experiencing developmental delays in one or more of the following areas:
  • Physical development;
  • Cognitive development;
  • Communication development;
  • Social or emotional development; and
  • Adaptive development;
and who also, “by reason thereof, needs special education and related services.”
Peter W. D. Wright,  Pamela Darr Wright, Special Education Law, 50 (Harbor House Law Press Inc. 2d ed. 2007).
Note that, if a child has a disability but does not need special education services, the child is not eligible for protection under IDEA but may be eligible for protection under Section 504 of the Rehabilitation Act.