“Student with an intellectual disability means a student –
(1) With a cognitive impairment characterized by significant limitations in –
(i) Intellectual and cognitive functioning; and
(ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and
(2) Who is currently, or was formerly, eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1401), including a student who was determined eligible for special education or related services under the IDEA but was home-schooled or attended private school.”
[Source link: https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-668/subpart-O/section-668.231] This resource from Think College may also be useful in determining eligibility: https://thinkcollege.net/resource/admissions-ctp-application-process-program-development/defining-and-documenting