Child with a disab
“Child with a disability” means a child evaluated in accordance with
the provisions of this chapter as having an intellectual disability,
a hearing impairment (including deafness), a speech or language
impairment, a visual impairment (including blindness), a serious
emotional disability (referred to in this part as “emotional
disability”), an orthopedic impairment, autism, traumatic brain
injury, an other health impairment, a specific learning disability,
deaf-blindness, or multiple disabilities who, by reason thereof,
needs special education and related services. This also includes
developmental delay if the local educational agency recognizes
this category as a disability in accordance with 8VAC20-81-80
M.3. If it is determined through an appropriate evaluation that a
child has one of the disabilities identified but only needs a related
service and not special education, the child is not a child with a
disability under this part. If the related service required by the
child is considered special education rather than a related service
under Virginia standards, the child would be determined to be a
child with a disability
