(1) To be eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) , a student must meet the criteria for one or more of the disabling conditions listed in 34 CFR 300.7(a) (1) and as a result of that condition the student is in need of special education as defined in 34 CFR 300.26.

(2) "In need of special education" means the student must need specially designed instruction delivered or directed by a qualified special educator, either alone or in collaboration with other qualified personnel.