(a)

1. (1) The term “child with a disability” means a child from three (3) years of age until the end of the school year in which the child turns twenty-one (21) years of age, evaluated in accordance with 34 C.F.R. §§ 300.304 – 300.311 and 6 CAR § 130-601 et seq., as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), serious emotional disturbance (referred to in this part as emotional disturbance), an orthopedic impairment, autism, traumatic brain injury, any other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
2. (2) Subject to subdivision (a)(3) of this section, if it is determined through an appropriate evaluation under this part that a child has one (1) of the disabilities identified in this subsection but only needs a related service and not special education, the child is not a child with a disability under this part.
3. (3) If the related service required by the child is considered to be special education rather than a related service under state standards, the child would be determined to be a child with a disability under this subsection.

(b) The term “child with a disability” for children aged three (3) to five (5) includes a child:

1. (1) Who is experiencing developmental delays:

   1. (A) As defined by the state in 6 CAR § 131-201 et seq.; and
   2. (B) As measured by appropriate diagnostic instruments and procedures, in one (1) or more of the following areas:

(i) Physical development;

1. (ii) Cognitive development;

   1. (iii) Communication development;

      1. (iv) Social or emotional development; or
      2. (v) Adaptive development; and
2. (2) Who, by reason thereof, needs special education and related services.