Assistive technology device
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.
Exception
The term does not include a medical device that is surgically implanted, or the replacement of such device.
Assistive technology service
Child with a disability
In general
Child aged 3 through 9
Pub. L. 114–95, title IX, § 9215(ss)(1)(A)129 Stat. 2181 Repealed. , ,
Educational service agency
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.
Equipment
Excess costs
Free appropriate public education
Pub. L. 114–95, title IX, § 9214(d)(1)129 Stat. 2164 Repealed. , ,
Homeless children
section 11434a of title 42The term “homeless children” has the meaning given the term “homeless children and youths” in .
Indian
The term “Indian” means an individual who is a member of an Indian tribe.
Indian tribe
43 U.S.C. 1601The 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 ( et seq.)).
Individualized education program; IEP
section 1414(d) of this titleThe 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 .
Individualized family service plan
section 1436 of this titleThe term “individualized family service plan” has the meaning given the term in .
Infant or toddler with a disability
section 1432 of this titleThe term “infant or toddler with a disability” has the meaning given the term in .
Institution of higher education
Limited English proficient
20 U.S.C. 7801The term “limited English proficient” has the meaning given the term “English learner” in section 8101 of the Elementary and Secondary Education Act of 1965 [].
Local educational agency
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.
Educational service agencies and other public institutions or agencies
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.
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.
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.
Outlying area
The term “outlying area” means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Parent
Parent organization
section 1471(g) of this titleThe term “parent organization” has the meaning given the term in .
Parent training and information center
The term “parent training and information center” means a center assisted under section 1471 or 1472 of this title.
Related services
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.
Exception
The term does not include a medical device that is surgically implanted, or the replacement of such device.
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.
Secretary
The term “Secretary” means the Secretary of Education.
Special education
Specific learning disability
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.
Disorders included
Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
Disorders not included
Such term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of intellectual disabilities, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
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.
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.
Supplementary aids and services
section 1412(a)(5) of this titleThe 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 .
Transition services
Universal design
section 3002 of title 29The term “universal design” has the meaning given the term in .
Ward of the State
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.
Exception
The term does not include a foster child who has a foster parent who meets the definition of a parent in paragraph (23).
Pub. L. 91–230, title VI, § 602Pub. L. 108–446, title I, § 101118 Stat. 2652Pub. L. 110–315, title IX, § 941(k)(2)(C)122 Stat. 3466Pub. L. 111–256, § 2(b)(2)124 Stat. 2643Pub. L. 114–95, title IX129 Stat. 2164(, as added , , ; amended , , ; , , ; , §§ 9214(d)(1), 9215(ss)(1), , , 2181.)
Editorial Notes
References in Text
Pub. L. 89–1079 Stat. 27section 6301 of this titleThe Elementary and Secondary Education Act of 1965, referred to in par. (8)(A)(ii), (iii), is , , . Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. Part A of title III of the Act is classified generally to part A (§ 6811 et seq.) of subchapter III of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 92–20385 Stat. 688section 1601 of Title 43The Alaska Native Claims Settlement Act, referred to in par. (13), is , , , which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 95–47192 Stat. 1325section 1801 of Title 25The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in par. (17)(B), is , , , which is classified principally to chapter 20 (§ 1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Prior Provisions
Pub. L. 91–230, title VI, § 602Pub. L. 105–17, title I, § 101111 Stat. 42Pub. L. 105–244, title IX, § 901(d)112 Stat. 1828Pub. L. 108–446A prior section 1401, , as added , , ; amended , , , related to definitions of terms used in this chapter, prior to the general amendment of subchapters I to IV of this chapter by .
Pub. L. 91–230, title VI, § 60284 Stat. 175Pub. L. 94–142, § 4(a)89 Stat. 775Pub. L. 98–19997 Stat. 1357Pub. L. 99–457, title IV, § 402100 Stat. 1172Pub. L. 100–630, title I, § 101(a)102 Stat. 3289Pub. L. 101–476, title I, § 101104 Stat. 1103Pub. L. 102–73, title VIII, § 802(d)(1)105 Stat. 361Pub. L. 102–119105 Stat. 587Pub. L. 103–382, title III, § 391(f)(1)108 Stat. 4023Pub. L. 105–17Another prior section 1401, , , ; , , ; , §§ 2, 3(b), , , 1358; , , ; , , ; , title IX, § 901(b)(10)–(20), , , 1142, 1143; , , ; , §§ 3, 25(a)(1), (b), , , 605, 607; , , , related to definitions of terms used in this chapter, prior to the general amendment of subchapters I to IV of this chapter by .
Amendments
Pub. L. 114–95, § 9215(ss)(1)(A)2015—Par. (4). , struck out par. (4). Text read as follows: “The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”
Pub. L. 114–95, § 9215(ss)(1)(B)Par. (8)(A)(iii). , which directed substitution of “under part A of title III of that Act” for “under parts A and B of title III of that Act” in “paragraph (8)(a)(3)”, was executed to par. (8)(A)(iii) to reflect the probable intent of Congress.
Pub. L. 114–95, § 9214(d)(1)Par. (10). , struck out par. (10) which related to definition of highly qualified.
Pub. L. 114–95, § 9215(ss)(1)(C)Par. (18). , added par. (18) and struck out former par. (18). Prior to amendment, text read as follows: “The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”
Pub. L. 111–256, § 2(b)(2)(A)2010—Par. (3)(A)(i). , substituted “with intellectual disabilities” for “with mental retardation”.
Pub. L. 111–256, § 2(b)(2)(B)Par. (30)(C). , substituted “of intellectual disabilities” for “of mental retardation”.
Pub. L. 110–3152008—Par. (17)(B). substituted “college or university” for “community college” and “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .
Effective Date
section 302(a) of Pub. L. 108–446section 1400 of this titleSection effective , see , set out as a note under .
Definitions
section 2 of Pub. L. 111–256section 2(k) of Pub. L. 111–256section 1400 of this titleFor meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by , see , set out as a note under .