20 U.S.C. § 1401 : US Code - Section 1401: Definitions

Search 20 U.S.C. § 1401 : US Code - Section 1401: Definitions

Except as otherwise provided, in this chapter:
(1) Assistive technology device
(A) In general
The term "assistive technology device" means any item, piece
of equipment, or product system, whether acquired commercially
off the shelf, modified, or customized, that is used to
increase, maintain, or improve functional capabilities of a
child with a disability.
(B) Exception
The term does not include a medical device that is surgically
implanted, or the replacement of such device.
(2) Assistive technology service
The term "assistive technology service" means any service that
directly assists a child with a disability in the selection,
acquisition, or use of an assistive technology device. Such term
includes -
(A) the evaluation of the needs of such child, including a
functional evaluation of the child in the child's customary
environment;
(B) purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by such child;
(C) selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, or replacing assistive
technology devices;
(D) coordinating and using other therapies, interventions, or
services with assistive technology devices, such as those
associated with existing education and rehabilitation plans and
programs;
(E) training or technical assistance for such child, or,
where appropriate, the family of such child; and
(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services), employers, or other individuals who provide services
to, employ, or are otherwise substantially involved in the
major life functions of such child.
(3) Child with a disability
(A) In general
The term "child with a disability" means a child -
(i) with mental retardation, hearing impairments (including
deafness), speech or language impairments, visual impairments
(including blindness), serious emotional disturbance
(referred to in this chapter as "emotional disturbance"),
orthopedic impairments, autism, traumatic brain injury, other
health impairments, or specific learning disabilities; and
(ii) who, by reason thereof, needs special education and
related services.
(B) Child aged 3 through 9
The term "child with a disability" for a child aged 3 through
9 (or any subset of that age range, including ages 3 through
5), may, at the discretion of the State and the local
educational agency, include a child -
(i) experiencing developmental delays, as defined by the
State and as measured by appropriate diagnostic instruments
and procedures, in 1 or more of the following areas: physical
development; cognitive development; communication
development; social or emotional development; or adaptive
development; and
(ii) who, by reason thereof, needs special education and
related services.
(4) Core academic subjects
The term "core academic subjects" has the meaning given the
term in section 9101 of the Elementary and Secondary Education
Act of 1965 [20 U.S.C. 7801].
(5) Educational service agency
The term "educational service agency" -
(A) means a regional public multiservice agency -
(i) authorized by State law to develop, manage, and provide
services or programs to local educational agencies; and
(ii) recognized as an administrative agency for purposes of
the provision of special education and related services
provided within public elementary schools and secondary
schools of the State; and
(B) includes any other public institution or agency having
administrative control and direction over a public elementary
school or secondary school.
(6) Elementary school
The term "elementary school" means a nonprofit institutional
day or residential school, including a public elementary charter
school, that provides elementary education, as determined under
State law.
(7) Equipment
The term "equipment" includes -
(A) machinery, utilities, and built-in equipment, and any
necessary enclosures or structures to house such machinery,
utilities, or equipment; and
(B) all other items necessary for the functioning of a
particular facility as a facility for the provision of
educational services, including items such as instructional
equipment and necessary furniture; printed, published, and
audio-visual instructional materials; telecommunications,
sensory, and other technological aids and devices; and books,
periodicals, documents, and other related materials.
(8) Excess costs
The term "excess costs" means those costs that are in excess of
the average annual per-student expenditure in a local educational
agency during the preceding school year for an elementary school
or secondary school student, as may be appropriate, and which
shall be computed after deducting -
(A) amounts received -
(i) under subchapter II;
(ii) under part A of title I of the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; and
(iii) under parts A and B of title III of that Act [20
U.S.C. 6811 et seq., 6891 et seq.]; and
(B) any State or local funds expended for programs that would
qualify for assistance under any of those parts.
(9) Free appropriate public education
The term "free appropriate public education" means special
education and related services that -
(A) have been provided at public expense, under public
supervision and direction, and without charge;
(B) meet the standards of the State educational agency;
(C) include an appropriate preschool, elementary school, or
secondary school education in the State involved; and
(D) are provided in conformity with the individualized
education program required under section 1414(d) of this title.
(10) Highly qualified
(A) In general
For any special education teacher, the term "highly
qualified" has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 [20 U.S.C.
7801], except that such term also -
(i) includes the requirements described in subparagraph
(B); and
(ii) includes the option for teachers to meet the
requirements of section 9101 of such Act by meeting the
requirements of subparagraph (C) or (D).
(B) Requirements for special education teachers
When used with respect to any public elementary school or
secondary school special education teacher teaching in a State,
such term means that -
(i) the teacher has obtained full State certification as a
special education teacher (including certification obtained
through alternative routes to certification), or passed the
State special education teacher licensing examination, and
holds a license to teach in the State as a special education
teacher, except that when used with respect to any teacher
teaching in a public charter school, the term means that the
teacher meets the requirements set forth in the State's
public charter school law;
(ii) the teacher has not had special education
certification or licensure requirements waived on an
emergency, temporary, or provisional basis; and
(iii) the teacher holds at least a bachelor's degree.
(C) Special education teachers teaching to alternate
achievement standards
When used with respect to a special education teacher who
teaches core academic subjects exclusively to children who are
assessed against alternate achievement standards established
under the regulations promulgated under section 1111(b)(1) of
the Elementary and Secondary Education Act of 1965 [20 U.S.C.
6311(b)(1)], such term means the teacher, whether new or not
new to the profession, may either -
(i) meet the applicable requirements of section 9101 of
such Act [20 U.S.C. 7801] for any elementary, middle, or
secondary school teacher who is new or not new to the
profession; or
(ii) meet the requirements of subparagraph (B) or (C) of
section 9101(23) of such Act as applied to an elementary
school teacher, or, in the case of instruction above the
elementary level, has subject matter knowledge appropriate to
the level of instruction being provided, as determined by the
State, needed to effectively teach to those standards.
(D) Special education teachers teaching multiple subjects
When used with respect to a special education teacher who
teaches 2 or more core academic subjects exclusively to
children with disabilities, such term means that the teacher
may either -
(i) meet the applicable requirements of section 9101 of the
Elementary and Secondary Education Act of 1965 [20 U.S.C.
7801] for any elementary, middle, or secondary school teacher
who is new or not new to the profession;
(ii) in the case of a teacher who is not new to the
profession, demonstrate competence in all the core academic
subjects in which the teacher teaches in the same manner as
is required for an elementary, middle, or secondary school
teacher who is not new to the profession under section
9101(23)(C)(ii) of such Act, which may include a single, high
objective uniform State standard of evaluation covering
multiple subjects; or
(iii) in the case of a new special education teacher who
teaches multiple subjects and who is highly qualified in
mathematics, language arts, or science, demonstrate
competence in the other core academic subjects in which the
teacher teaches in the same manner as is required for an
elementary, middle, or secondary school teacher under section
9101(23)(C)(ii) of such Act, which may include a single, high
objective uniform State standard of evaluation covering
multiple subjects, not later than 2 years after the date of
employment.
(E) Rule of construction
Notwithstanding any other individual right of action that a
parent or student may maintain under this subchapter, nothing
in this section or subchapter shall be construed to create a
right of action on behalf of an individual student or class of
students for the failure of a particular State educational
agency or local educational agency employee to be highly
qualified.
(F) Definition for purposes of the ESEA
A teacher who is highly qualified under this paragraph shall
be considered highly qualified for purposes of the Elementary
and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.].
(11) Homeless children
The term "homeless children" has the meaning given the term
"homeless children and youths" in section 11434a of title 42.
(12) Indian
The term "Indian" means an individual who is a member of an
Indian tribe.
(13) Indian tribe
The term "Indian tribe" means any Federal or State Indian
tribe, band, rancheria, pueblo, colony, or community, including
any Alaska Native village or regional village corporation (as
defined in or established under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)).
(14) Individualized education program; IEP
The term "individualized education program" or "IEP" means a
written statement for each child with a disability that is
developed, reviewed, and revised in accordance with section
1414(d) of this title.
(15) Individualized family service plan
The term "individualized family service plan" has the meaning
given the term in section 1436 of this title.
(16) Infant or toddler with a disability
The term "infant or toddler with a disability" has the meaning
given the term in section 1432 of this title.
(17) Institution of higher education
The term "institution of higher education" -
(A) has the meaning given the term in section 1001 of this
title; and
(B) also includes any community college receiving funding
from the Secretary of the Interior under the Tribally
Controlled College or University Assistance Act of 1978 [25
U.S.C. 1801 et seq.].
(18) Limited English proficient
The term "limited English proficient" has the meaning given the
term in section 9101 of the Elementary and Secondary Education
Act of 1965 [20 U.S.C. 7801].
(19) Local educational agency
(A) In general
The term "local educational agency" means a public board of
education or other public authority legally constituted within
a State for either administrative control or direction of, or
to perform a service function for, public elementary schools or
secondary schools in a city, county, township, school district,
or other political subdivision of a State, or for such
combination of school districts or counties as are recognized
in a State as an administrative agency for its public
elementary schools or secondary schools.
(B) Educational service agencies and other public institutions
or agencies
The term includes -
(i) an educational service agency; and
(ii) any other public institution or agency having
administrative control and direction of a public elementary
school or secondary school.
(C) BIA funded schools
The term includes an elementary school or secondary school
funded by the Bureau of Indian Affairs, but only to the extent
that such inclusion makes the school eligible for programs for
which specific eligibility is not provided to the school in
another provision of law and the school does not have a student
population that is smaller than the student population of the
local educational agency receiving assistance under this
chapter with the smallest student population, except that the
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
(20) Native language
The term "native language", when used with respect to an
individual who is limited English proficient, means the language
normally used by the individual or, in the case of a child, the
language normally used by the parents of the child.
(21) Nonprofit
The term "nonprofit", as applied to a school, agency,
organization, or institution, means a school, agency,
organization, or institution owned and operated by 1 or more
nonprofit corporations or associations no part of the net
earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
(22) Outlying area
The term "outlying area" means the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(23) Parent
The term "parent" means -
(A) a natural, adoptive, or foster parent of a child (unless
a foster parent is prohibited by State law from serving as a
parent);
(B) a guardian (but not the State if the child is a ward of
the State);
(C) an individual acting in the place of a natural or
adoptive parent (including a grandparent, stepparent, or other
relative) with whom the child lives, or an individual who is
legally responsible for the child's welfare; or
(D) except as used in sections 1415(b)(2) and 1439(a)(5) of
this title, an individual assigned under either of those
sections to be a surrogate parent.
(24) Parent organization
The term "parent organization" has the meaning given the term
in section 1471(g) of this title.
(25) Parent training and information center
The term "parent training and information center" means a
center assisted under section 1471 or 1472 of this title.
(26) Related services
(A) In general
The term "related services" means transportation, and such
developmental, corrective, and other supportive services
(including speech-language pathology and audiology services,
interpreting services, psychological services, physical and
occupational therapy, recreation, including therapeutic
recreation, social work services, school nurse services
designed to enable a child with a disability to receive a free
appropriate public education as described in the individualized
education program of the child, counseling services, including
rehabilitation counseling, orientation and mobility services,
and medical services, except that such medical services shall
be for diagnostic and evaluation purposes only) as may be
required to assist a child with a disability to benefit from
special education, and includes the early identification and
assessment of disabling conditions in children.
(B) Exception
The term does not include a medical device that is surgically
implanted, or the replacement of such device.
(27) Secondary school
The term "secondary school" means a nonprofit institutional day
or residential school, including a public secondary charter
school, that provides secondary education, as determined under
State law, except that it does not include any education beyond
grade 12.
(28) Secretary
The term "Secretary" means the Secretary of Education.
(29) Special education
The term "special education" means specially designed
instruction, at no cost to parents, to meet the unique needs of a
child with a disability, including -
(A) instruction conducted in the classroom, in the home, in
hospitals and institutions, and in other settings; and
(B) instruction in physical education.
(30) Specific learning disability
(A) In general
The term "specific learning disability" means a disorder in 1
or more of the basic psychological processes involved in
understanding or in using language, spoken or written, which
disorder may manifest itself in the imperfect ability to
listen, think, speak, read, write, spell, or do mathematical
calculations.
(B) Disorders included
Such term includes such conditions as perceptual
disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
(C) Disorders not included
Such term does not include a learning problem that is
primarily the result of visual, hearing, or motor disabilities,
of mental retardation, of emotional disturbance, or of
environmental, cultural, or economic disadvantage.
(31) State
The term "State" means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, and each of the
outlying areas.
(32) State educational agency
The term "State educational agency" means the State board of
education or other agency or officer primarily responsible for
the State supervision of public elementary schools and secondary
schools, or, if there is no such officer or agency, an officer or
agency designated by the Governor or by State law.
(33) Supplementary aids and services
The term "supplementary aids and services" means aids,
services, and other supports that are provided in regular
education classes or other education-related settings to enable
children with disabilities to be educated with nondisabled
children to the maximum extent appropriate in accordance with
section 1412(a)(5) of this title.
(34) Transition services
The term "transition services" means a coordinated set of
activities for a child with a disability that -
(A) is designed to be within a results-oriented process, that
is focused on improving the academic and functional achievement
of the child with a disability to facilitate the child's
movement from school to post-school activities, including post-
secondary education, vocational education, integrated
employment (including supported employment), continuing and
adult education, adult services, independent living, or
community participation;
(B) is based on the individual child's needs, taking into
account the child's strengths, preferences, and interests; and
(C) includes instruction, related services, community
experiences, the development of employment and other post-
school adult living objectives, and, when appropriate,
acquisition of daily living skills and functional vocational
evaluation.
(35) Universal design
The term "universal design" has the meaning given the term in
section 3002 of title 29.
(36) Ward of the State
(A) In general
The term "ward of the State" means a child who, as determined
by the State where the child resides, is a foster child, is a
ward of the State, or is in the custody of a public child
welfare agency.
(B) Exception
The term does not include a foster child who has a foster
parent who meets the definition of a parent in paragraph (23).