IDEA Disability Categories in Mississippi
What disability categories qualify for an IEP in Mississippi?
Mississippi recognizes the 13 federal disability categories for special education eligibility as defined by IDEA (34 CFR 300.8) and adopted in the Mississippi Special Education Regulations under Miss. Code Ann. § 37-23-3. The categories are: (1) Autism; (2) Deaf-Blindness; (3) Deafness; (4) Emotional Disturbance; (5) Hearing Impairment; (6) Intellectual Disability; (7) Multiple Disabilities; (8) Orthopedic Impairment; (9) Other Health Impairment; (10) Specific Learning Disability; (11) Speech or Language Impairment; (12) Traumatic Brain Injury; and (13) Visual Impairment Including Blindness. Mississippi uses the same federal terminology as IDEA, including 'Intellectual Disability' and 'Emotional Disturbance' — unlike some states that use state-specific terms. To qualify under any category, the disability must adversely affect the student's educational performance and the student must need special education and related services. Mississippi also has a separate eligibility category for Developmental Delay for children ages 3-9, which allows a non-categorical determination for younger children (34 CFR 300.111(b); MS Sp. Ed. Regs.).
What Mississippi Requires
Mississippi recognizes all 13 federal IDEA disability categories and applies federal definitions and criteria (34 CFR 300.8; Miss. Code Ann. § 37-23-3; MS Sp. Ed. Regs.).
Mississippi uses the same terminology as federal IDEA, including 'Intellectual Disability' (not a state-specific alternate term) and 'Emotional Disturbance' (34 CFR 300.8; MS Sp. Ed. Regs.).
Children ages 3 through 9 may be identified as having a Developmental Delay as a non-categorical eligibility option, without requiring a specific disability label (34 CFR 300.111(b); MS Sp. Ed. Regs.).
Eligibility requires: (1) the student meets criteria for a disability category, (2) the disability adversely affects educational performance, and (3) the student needs special education and related services (34 CFR 300.8; MS Sp. Ed. Regs.).
A student may not be found eligible if the determinant factor is lack of instruction in reading or math, or limited English proficiency (34 CFR 300.306(b)).
Key Timelines
Eligibility for Developmental Delay applies to children ages 3 through 9; the IEP team may extend use through age 9 at district discretion per state policy (34 CFR 300.111(b); MS Sp. Ed. Regs.).
Reevaluation of eligibility must occur at least every three years (34 CFR 300.303; Miss. Code Ann. § 37-23-9).
Initial eligibility must be determined within the evaluation timeline (60 calendar days from written consent in Mississippi) (Miss. Code Ann. § 37-23-9; MS Sp. Ed. Regs.).