125A.02 CHILD WITH A DISABILITY DEFINED.
Subdivision 1. Child with a disability.
Every child who has a hearing impairment,
blindness, visual disability, speech or language impairment, physical disability, other health
impairment, mental disability, emotional/behavioral disorder, specific learning disability, autism,
traumatic brain injury, multiple disabilities, or deaf/blind disability and needs special instruction
and services, as determined by the standards of the commissioner, is a child with a disability. In
addition, every child under age three, and at local district discretion from age three to age seven,
who needs special instruction and services, as determined by the standards of the commissioner,
because the child has a substantial delay or has an identifiable physical or mental condition known
to hinder normal development is a child with a disability.
Subd. 2. Not a child with a disability.
A child with a short-term or temporary physical or
emotional illness or disability, as determined by the standards of the commissioner, is not a
child with a disability.
History: Ex1959 c 71 art 1 s 3; 1969 c 981 s 1; 1975 c 432 s 7; 1981 c 358 art 3 s 1;
1Sp1985 c 12 art 3 s 1; 1987 c 398 art 3 s 1; 1991 c 265 art 3 s 38; 1998 c 397 art 2 s 164; 1998 c
398 art 2 s 1; art 5 s 55; 2005 c 56 s 1; 2006 c 263 art 2 s 18