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U.S. Department of Education: Promoting Educational Excellence for all Americans
Regulations: Part 300 / A / 300.8 / a / 2 / ii

(ii) If, consistent with Sec. 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.