IDEA Disability Categories in Nebraska
What disability categories qualify for an IEP in Nebraska?
Nebraska recognizes the same 13 disability categories established in federal IDEA (34 CFR 300.8), defined and implemented through Nebraska Administrative Code Title 92, Chapter 51 (Rule 51) and Nebraska Revised Statute § 79-1118. The categories are: (1) Autism; (2) Deaf-Blindness; (3) Deafness; (4) Emotional Disturbance; (5) Hearing Impairment; (6) Intellectual Disability (Nebraska uses this federal term, not a state-specific substitute); (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 (92 NAC 51-007.03; Neb. Rev. Stat. § 79-1118). Nebraska's SLD eligibility is distinctive: the state has moved to a problem-solving/response to intervention model and also permits the use of a pattern of strengths and weaknesses approach, but discourages the severe discrepancy model (92 NAC 51-007.03B). Nebraska Rule 51 also permits determination of developmental delay as a disability category for children ages 3 through 7 (92 NAC 51-007.03C).
What Nebraska Requires
Nebraska recognizes all 13 federal IDEA disability categories; the state does not use alternative state-specific category names as some other states do (Neb. Rev. Stat. § 79-1118; 92 NAC 51-007.03).
For Specific Learning Disability, Nebraska favors the problem-solving/response to intervention (RTI) model and a pattern of strengths and weaknesses approach, and discourages the severe discrepancy model (92 NAC 51-007.03B; 34 CFR 300.307-300.311).
Developmental Delay may be used as a disability category for children ages 3 through 7, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development (92 NAC 51-007.03C; 34 CFR 300.8(b)).
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 as a result (92 NAC 51-007.04).
A student cannot be found eligible if the determinant factor is lack of appropriate instruction in reading or mathematics or limited English proficiency (92 NAC 51-007.04; 34 CFR 300.306(b)).
Key Timelines
Developmental Delay eligibility applies to children ages 3 through 7; after age 7, eligibility must be established under a specific disability category (92 NAC 51-007.03C).
Reevaluation of eligibility must occur at least every three years or sooner when conditions warrant (92 NAC 51-007.01B; 34 CFR 300.303).
For SLD via RTI pathway, sufficient progress-monitoring data must be collected before determining eligibility (92 NAC 51-007.03B).