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

Subpart A--General

Definitions[select]

The definition of child with a disability in Sec. 300.8 has been revised as follows:[select]

(1) Section 300.8(b) (Children aged three through nine experiencing developmental delays) has been changed to clarify that the use of the term "developmental delay" is subject to the conditions described in Sec. 300.111(b).

(2) The definition of other health impairment in Sec. 300.8(c)(9)(i) has been changed to add "Tourette Syndrome" to the list of chronic or acute health problems.

The definition of excess costs in Sec. 300.16 has been revised to clarify that the computation of excess costs may not include capital outlay and debt service. In addition, a new "Appendix A to Part 300--Excess Cost Calculation" has been added to provide a description (and an example) of how to calculate excess costs under the Act and these regulations.[select]

The definition of highly qualified special education teacher in Sec. 300.18 has been revised, as follows: [select]

(1) Section 300.18(b), regarding requirements for highly qualified special education teachers in general, has been modified to clarify that, when used with respect to any special education teacher teaching in a charter school, highly qualified means that the teacher meets the certification or licensing requirements, if any, set forth in the State's public charter school law.

(2) A new Sec. 300.18(e), regarding separate "high objective uniform State standards of evaluation" (HOUSSE), has been added to provide that a State may develop a separate HOUSSE for special education teachers, provided that any adaptations of the State's HOUSSE would not establish a lower standard for the content knowledge requirements for special education teachers and meets all the requirements for a HOUSSE for regular education teachers. This provision also clarifies that a State may develop a separate HOUSSE for special education teachers, which may include single HOUSSE evaluations that cover multiple subjects.

(3) Section 300.18(g) (proposed Sec. 300.18(f)) ("Applicability of definition to ESEA requirements; and clarification of new special education teacher") has been revised as follows: (1) the heading has been revised, and (2) the language changed to clarify when a special education teacher is considered "new" for some purposes.

(4) Section 300.18(h) (proposed Sec. 300.18(g)) has been modified to clarify that the highly qualified special education teacher requirements also do not apply to private school teachers hired or contracted by LEAs to provide equitable services to parentally-placed private school children with disabilities under Sec. 300.138.

The definition of Indian and Indian tribe in Sec. 300.21 has been changed to clarify that nothing in the definition is intended to indicate that the Secretary of the Interior is required to provide services or funding to a State Indian tribe that is not listed in the Federal Register list of Indian entities recognized as eligible to receive services from the United States, published pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a-1. [select]

The definition of parent in Sec. 300.30 has been revised to substitute "biological" for "natural" each time it appears in the definition, and to add language clarifying that to be considered a parent under this definition a "guardian" must be a person generally authorized to act as the child's parent, or authorized to make educational decisions for the child.[select]

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

(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.

A definition of scientifically based research has been added in new Sec. 300.35 that incorporates by reference the definition of that term from the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA). [select]

With the addition of the new definition in Sec. 300.35, the definitions in subpart A, beginning with the definition of secondary school, have been renumbered.

The definition of special education in Sec. 300.39 (proposed Sec. 300.38) has been revised to remove the definition of vocational and technical education that was included in proposed Sec. 300.38(b)(6).[select]

The definition of supplementary aids and services in Sec. 300.42 (proposed Sec. 300.41) has been modified to specify that aids, services, and other supports are also provided to enable children with disabilities to participate in extracurricular and nonacademic settings. [select]