Terminologies

1. Federal Definition of Developmental Disability

   According to the Developmental Disabilities Act, section 102(8), “the term ‘developmental disability’ means a severe, chronic disability of an individual 5 years of age or older that:

   1. Is attributable to a mental or physical impairment or combination of mental and physical impairments;
   2. Is manifested before the individual attains age 22;
   3. Is likely to continue indefinitely;
   4. Results in substantial functional limitations in three or more of the following areas of major life activity;
      1. Self-care;
      2. Receptive and expressive language;
      3. Learning;
      4. Mobility;
      5. Self-direction;
      6. Capacity for independent living; and
      7. Economic self-sufficiency.
   5. Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term, when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.”

2. California State Definition of Developmental Disability

   According to the California State Council on Developmental Disabilities, “In California law, a developmental disability is more narrowly defined ([than the federal definition] as occurring before the age of 18 and includes specific categories of eligible conditions: mental retardation, epilepsy, cerebral palsy, autism, and ‘conditions requiring services similar to those required for persons with mental retardation.’ California law requires that the individual be substantially handicapped by the disability. In March 2004, new regulations took effect that defines substantial disability as significant functional limitations in three or more of the major life activities contained in the federal definition.”

3. Individuals with Disabilities Education Act

   The Individuals with Disabilities Education Act (IDEA) was amended in 1997. This states that “In general – the term ‘child with a disability’ means a child

   1. with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance…, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, and
   2. who, by reason thereof, needs special education and related services.”
      www.ed.gov/offices/OSERS/Policy/IDEA/