The law's understanding of intellectual disability as a disability.
Lead every report with what the person can do and what help they need, not the diagnosis code.
01Research in Context
What this study did
Ellis (2013) looked at how courts talk about intellectual disability.
The paper shows judges care more about what a person can do than the medical label they carry.
It is a think-piece, not a lab study, so no new data were collected.
What they found
Courts ask, "Can this person live alone, work, or make choices?"
They pay less attention to the IQ number or the name of the diagnosis.
This shift means your reports should list real-life skills and needed supports first.
How this fits with other research
Wehmeyer (2013) makes the same point about doctor manuals. Both papers say, "Talk about function, not just disorder."
Olley (2013) zooms in and tells us to give courts clear, measurable words.
Mukherjee et al. (2015) shows the idea is already law: the Supreme Court now tells states to use flexible, functional rules instead of strict IQ cutoffs.
Thurm et al. (2022) updates the word list so we know when to say condition, disorder, syndrome, or disease.
Why it matters
When you write an IEP, court report, or transition plan, lead with daily skills and support needs. Put the diagnosis second. Judges, teachers, and families then see the person, not just the label.
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02At a glance
03Original abstract
Intellectual disability (ID) is differently yet validly described by different professions. Legal professionals find it most useful to consider ID as a disability rather than a disorder. Because the law regulates the actions of individuals in a society and the actions of society on an individual, the law's concern in dealing with a person with ID is almost always with that person's functional abilities and limitations in society. This concern is reflected in various aspects of criminal and civil law, although the methods of assessing those functional abilities and limitations have changed considerably over time. The law has not always been wise or humane in its treatment of people with ID, but its focus on functional abilities and limitations allows us to assist people with ID to use their abilities and participate in society to their fullest potential.
Intellectual and developmental disabilities, 2013 · doi:10.1352/1934-9556-51.2.102