This case/practice-based article critically examines the classification of juvenile delinquency (JD) under the Individuals with Disabilities Education Act (IDEA 2004), arguing that delinquency, in itself, does not constitute a disability. Conceptual distinctions are drawn between behavioral outcomes and IDEA-defined disability categories, particularly Emotional Disturbance (ED) and Other Health Impairment (OHI). The analysis emphasizes that eligibility under IDEA must be grounded in documented, persistent, and educationally significant emotional or health-related impairments rather than in rule-breaking or criminal conduct alone. The article further introduces the concept of disability-mediated identification (DMI) to illustrate how institutional, social, and cultural processes shape disability labeling and identity construction. Over-classification risks pathologizing social maladjustment and misallocating services, whereas under-classification may deny appropriate supports to youths whose delinquent acts are manifestations of underlying disorders. The paper concludes that classification decisions must rely on comprehensive, multidisciplinary evaluation demonstrating that IDEA criteria are met and that the condition adversely affects educational performance.
Kok Hwee Chia (Wed,) studied this question.