IDEA Disability Categories in Virginia
What disability categories qualify for an IEP in Virginia?
Virginia recognizes 14 disability categories for special education eligibility under 8VAC20-81-80, which includes all 13 federal IDEA categories plus Virginia's optional use of 'developmental delay' for children ages 2 through 6. The categories are: (1) Autism (Section J), (2) Deaf-blindness (Section K), (3) Deafness (Section L), (4) Developmental delay (Section M—optional for local school divisions; ages 2 by September 30 through age 6), (5) Emotional disability (Section N—Virginia uses 'emotional disability' rather than the federal term 'emotional disturbance'; defined identically but the Virginia-specific label is used in all regulations and practice under 8VAC20-81-80.N and 8VAC20-81-10), (6) Hearing impairment (Section O), (7) Intellectual disability (Section P—requires IQ two or more standard deviations below the mean with concurrent adaptive behavior deficits and developmental history showing significant impairment), (8) Multiple disabilities (Section Q), (9) Orthopedic impairment (Section R), (10) Other health impairment (Section S), (11) Specific learning disability (Section T—Virginia does not require use of a severe discrepancy model; allows RTI, pattern of strengths and weaknesses, or other research-based approaches), (12) Speech or language impairment (Section U), (13) Traumatic brain injury (Section V), and (14) Visual impairment including blindness (Section W). For each category, Virginia requires documentation that the disability has an adverse effect on the child's educational performance. A child cannot be determined eligible if the determinant factor is lack of appropriate instruction in reading or math, or limited English proficiency (8VAC20-81-80.D.4). Note: Code of Virginia § 22.1-213 uses the phrase 'children with disabilities' broadly; the specific regulatory term for the emotional condition category is 'emotional disability' (not 'serious emotional disturbance') in 8VAC20-81-80 and 8VAC20-81-10.
What Virginia Requires
Virginia recognizes 14 disability categories in 8VAC20-81-80 (Sections J through W), including all 13 federal IDEA categories plus the optional developmental delay category.
Virginia's implementing regulations use the term 'emotional disability' rather than the federal 'emotional disturbance' (8VAC20-81-80.N; 8VAC20-81-10)—the definition is the same but the Virginia-specific term governs in practice.
Developmental delay is optional for local school divisions and applies only to children aged 2 (by September 30) through 6, inclusive (8VAC20-81-80.M).
For specific learning disability, Virginia does not require the use of a severe discrepancy; RTI and pattern of strengths/weaknesses are permitted (8VAC20-81-80.T.3).
A child cannot be determined eligible if the determinant factor is lack of appropriate instruction in reading or math, or limited English proficiency (8VAC20-81-80.D.4).
Intellectual disability requires IQ two or more standard deviations below the mean with concurrent adaptive behavior deficits and developmental history showing significant impairment (8VAC20-81-80.P).
Key Timelines
Eligibility determination must be completed within the 65 business day evaluation timeline from referral receipt (8VAC20-81-60.B.1.g for initial; 8VAC20-81-70.H.2 for reevaluations).
Developmental delay category applies only to children ages 2 through 6; children must be reevaluated before transitioning to another category (8VAC20-81-80.M).
Reevaluation of eligibility occurs at least every three years (triennial) or more frequently if warranted (8VAC20-81-70.F.1).