IDEA Disability Categories in Kansas
What disability categories qualify for an IEP in Kansas?
Kansas recognizes the same 13 disability categories as federal IDEA, codified in K.A.R. 91-40-1(qq) and K.S.A. 72-3404. The categories are: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment including blindness. Kansas also provides special education for students age 3-5 under the developmental delay category (K.A.R. 91-40-1(l); K.A.R. 91-40-10), which may be used for children ages 3 through 9 at the option of the local district. Kansas uses the federal term 'emotional disturbance' (not a state-specific term like Virginia's 'emotional disability'). Students must meet both the category criteria and the adverse educational impact and special education necessity standards (K.A.R. 91-40-10). Kansas evaluations use the state-adopted criteria and procedures for each disability category as specified in K.A.R. 91-40-13.
What Kansas Requires
Kansas recognizes all 13 federal IDEA disability categories as codified in K.A.R. 91-40-1(qq) and K.S.A. 72-3404.
Students must meet both the category-specific criteria and demonstrate that the disability adversely affects educational performance and necessitates specially designed instruction (K.A.R. 91-40-10).
The developmental delay category is available for children ages 3-9 at the option of the local school district (K.A.R. 91-40-1(l); K.A.R. 91-40-10).
Kansas uses the term 'intellectual disability' consistent with Rosa's Law (K.A.R. 91-40-1; K.S.A. 72-3404).
Kansas uses the federal term 'emotional disturbance' — not a state-specific variant.
Eligibility criteria and evaluation procedures for each category are specified in K.A.R. 91-40-13.
Key Timelines
Eligibility determination must be made within the 60-calendar-day evaluation timeline from consent (K.A.R. 91-40-11(c)).
Reevaluation for continued eligibility must occur at least every three years (K.A.R. 91-40-12(a); 34 CFR 300.303).
Parents must be given written notice before the school conducts or changes a disability category determination (K.A.R. 91-40-46; 34 CFR 300.503).