IDEA Disability Categories in Texas

What disability categories qualify for an IEP in Texas?

Texas recognizes 13 disability categories for special education eligibility under 19 TAC §89.1040, which incorporates and elaborates upon the federal categories in 34 CFR 300.8(c). The categories are: (1) Autism (19 TAC §89.1040(c)(1); 34 CFR 300.8(c)(1)), a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three; (2) Deaf-Blindness (19 TAC §89.1040(c)(2); 34 CFR 300.8(c)(2)), concomitant hearing and visual impairments causing severe communication and other developmental and educational needs; (3) Deaf or Hard of Hearing (19 TAC §89.1040(c)(3); 34 CFR 300.8(c)(3) and (c)(5)), formerly termed 'auditory impairment' in Texas, covering hearing impairments whether permanent or fluctuating; (4) Emotional Disturbance (19 TAC §89.1040(c)(4); 34 CFR 300.8(c)(4)), exhibiting one or more defined characteristics over a long period and to a marked degree that adversely affects educational performance; (5) Intellectual Disability (19 TAC §89.1040(c)(5); 34 CFR 300.8(c)(6)), significantly subaverage general intellectual functioning with concurrent deficits in adaptive behavior; (6) Multiple Disabilities (19 TAC §89.1040(c)(6); 34 CFR 300.8(c)(7)), concomitant impairments that cause severe educational needs not accommodated by programs for any single impairment; (7) Orthopedic Impairment (19 TAC §89.1040(c)(7); 34 CFR 300.8(c)(8)), a severe physical impairment that adversely affects educational performance; (8) Other Health Impairment (19 TAC §89.1040(c)(8); 34 CFR 300.8(c)(9)), limited strength, vitality, or alertness due to chronic or acute health problems including ADHD, diabetes, epilepsy, heart conditions, sickle cell anemia, and Tourette syndrome; (9) Specific Learning Disability (19 TAC §89.1040(c)(9); 34 CFR 300.8(c)(10)), a disorder in one or more basic psychological processes involved in understanding or using language; (10) Speech Impairment (19 TAC §89.1040(c)(10); 34 CFR 300.8(c)(11)), communication disorders including stuttering, impaired articulation, language impairment, or voice impairment; (11) Traumatic Brain Injury (19 TAC §89.1040(c)(11); 34 CFR 300.8(c)(12)), an acquired injury to the brain caused by external physical force; (12) Visual Impairment (19 TAC §89.1040(c)(12); 34 CFR 300.8(c)(13)), impairment in vision that even with correction adversely affects educational performance; and (13) Noncategorical Early Childhood (19 TAC §89.1040(c)(14)), a Texas-specific designation for children ages 3-5 who have been evaluated as having an intellectual disability, emotional disturbance, specific learning disability, or autism, allowing services without requiring a specific categorical label. This noncategorical option is unique to Texas and allows young children to access special education under a broader classification. TEC §29.003 provides the statutory foundation, establishing general disability classifications that TEA elaborates upon through 19 TAC §89.1040. Additionally, HB 3928 (88th Legislature, 2023) defined dyslexia as a learning disability, ensuring students with dyslexia qualify for special education services and requiring ARD committee meetings to include a member with dyslexia-specific expertise.