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U.S. Department of Education: Promoting Educational Excellence for all Americans

The definition of related services in Sec. 300.34 has been revised as follows:

(1) Section 300.34(a) (General) has been modified to (A) add the statutory term "early identification and assessment of disabilities in children," which was inadvertently omitted from the NPRM, (B) combine "school health services" and "school nurse services," and (C) remove the clause relating to a free appropriate public education under "school nurse services" because it duplicates the clause in Sec. 300.34(c)(13).

(2) Section 300.34(b) has been changed to (A) expand the title to read "Exception; services that apply to children with surgically implanted devices, including cochlear implants," and (B) clarify, in new paragraph (b)(1), that related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device.

(3) A new Sec. 300.34(b)(2) has been added to make clear that nothing in paragraph (b)(1) of Sec. 300.34 (A) limits the right of a child with a surgically implanted device (e.g., a cochlear implant) to receive related services, as listed in Sec. 300.34(a), that are determined by the IEP Team to be necessary for the child to receive FAPE; (B) limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or (C) prevents the routine checking of an external component of a surgically-implanted device to make sure it is functioning properly, as required in Sec. 300.113(b).

(4) The definition of interpreting services in Sec. 300.34(c)(4) has been changed to clarify that the term includes (A) transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell for children who are deaf or hard of hearing, and (B) special interpreting services for children who are deaf-blind.

(5) The definition of orientation and mobility services in Sec. 300.34(c)(7) has been changed to remove the term "travel training instruction." The term is under the definition of special education, and is defined in Sec. 300.39(b)(4).

(6) The definition of school nurse services in 300.34(c)(13) has been expanded and re-named school health services and school nurse services. The expanded definition clarifies that "school nurse services" are provided by a qualified school nurse, and "school health services" may be provided by a qualified school nurse or other qualified person.