§ 1401. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1401]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1401. Definitions
Except as otherwise provided, as used in this chapter:
(1) Assistive technology device
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.
(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 of 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 (hereinafter referred to 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 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 one 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) 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 and secondary schools of
the State; and
(B) includes any other public institution or agency having
administrative control and direction over a public elementary or
secondary school.
(5) Elementary school
The term ``elementary school'' means a nonprofit institutional
day or residential school that provides elementary education, as
determined under State law.
(6) 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.
(7) 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 or
secondary school student, as may be appropriate, and which shall be
computed after deducting--
(A) amounts received--
(i) under subchapter II of this chapter;
(ii) under part A of title I of the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; or
(iii) under part A of title VII of that Act [20 U.S.C.
7401 et seq.]; and
(B) any State or local funds expended for programs that
would qualify for assistance under any of those parts.
(8) 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, 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.
(9) Indian
The term ``Indian'' means an individual who is a member of an
Indian tribe.
(10) 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.]).
(11) Individualized education program
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.
(12) Individualized family service plan
The term ``individualized family service plan'' has the meaning
given such term in section 1436 of this title.
(13) Infant or toddler with a disability
The term ``infant or toddler with a disability'' has the meaning
given such term in section 1432 of this title.
(14) Institution of higher education
The term ``institution of higher education''--
(A) has the meaning given that term in section 1141(a) \1\
of this title; and
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\1\ See References in Text note below.
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(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.].
(15) Local educational agency
(A) 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 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 or secondary
schools.
(B) The term includes--
(i) an educational service agency, as defined in paragraph
(4); and
(ii) any other public institution or agency having
administrative control and direction of a public elementary or
secondary school.
(C) The term includes an elementary 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.
(16) Native language
The term ``native language'', when used with reference to an
individual of limited English proficiency, 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.
(17) Nonprofit
The term ``nonprofit'', as applied to a school, agency,
organization, or institution, means a school, agency, organization,
or institution owned and operated by one 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.
(18) Outlying area
The term ``outlying area'' means the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(19) Parent
The term ``parent''--
(A) includes a legal guardian; and
(B) except as used in sections 1415(b)(2) and 1439(a)(5) of
this title, includes an individual assigned under either of
those sections to be a surrogate parent.
(20) Parent organization
The term ``parent organization'' has the meaning given that term
in section 1482(g) of this title.
(21) Parent training and information center
The term ``parent training and information center'' means a
center assisted under section 1482 or 1483 of this title.
(22) Related services
The term ``related services'' means transportation, and such
developmental, corrective, and other supportive services (including
speech-language pathology and audiology services, psychological
services, physical and occupational therapy, recreation, including
therapeutic recreation, social work services, 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.
(23) Secondary school
The term ``secondary school'' means a nonprofit institutional
day or residential school that provides secondary education, as
determined under State law, except that it does not include any
education beyond grade 12.
(24) Secretary
The term ``Secretary'' means the Secretary of Education.
(25) 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.
(26) Specific learning disability
(A) In general
The term ``specific learning disability'' means a disorder
in one or more of the basic psychological processes involved in
understanding or in using language, spoken or written, which
disorder may manifest itself in 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.
(27) 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.
(28) 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 and secondary schools, or, if
there is no such officer or agency, an officer or agency designated
by the Governor or by State law.
(29) Supplementary aids and services
The term ``supplementary aids and services'' means,\2\ 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.
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\2\ So in original. The comma probably should not appear.
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(30) Transition services
The term ``transition services'' means a coordinated set of
activities for a student with a disability that--
(A) is designed within an outcome-oriented process, which
promotes movement from school to post-school activities,
including post-secondary education, vocational training,
integrated employment (including supported employment),
continuing and adult education, adult services, independent
living, or community participation;
(B) is based upon the individual student's needs, taking
into account the student's 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.
(Pub. L. 91-230, title VI, Sec. 602, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 42; amended Pub. L. 105-244, title IX,
Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828.)
References in Text
The Elementary and Secondary Education Act of 1965, referred to in
par. (7)(A)(ii), (iii), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
amended. Part A of title I and part A of title VII of the Act are
classified generally to part A (Sec. 6311 et seq.) of subchapter I and
part A (Sec. 7401 et seq.) of subchapter VII, respectively, of chapter
70 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6301 of this title and
Tables.
The Alaska Native Claims Settlement Act, referred to in par. (10),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43 and Tables.
Section 1141(a) of this title, referred to in par. (14)(A), was
repealed by Pub. L. 105-244, Sec. 3, title I, Sec. 101(b), title VII,
Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1,
1998. However, the term ``institution of higher education'' is defined
in section 1001 of this title.
The Tribally Controlled College or University Assistance Act of
1978, referred to in par. (14)(B), is Pub. L. 95-471, Oct. 17, 1978, 92
Stat. 1325, as amended, which is classified principally to chapter 20
(Sec. 1801 et seq.) of Title 25, Indians. For complete classification of
this Act to the Code, see Short Title note set out under section 1801 of
Title 25 and Tables.
Prior Provisions
A prior section 1401, Pub. L. 91-230, title VI, Sec. 602, Apr. 13,
1970, 84 Stat. 175; Pub. L. 94-142, Sec. 4(a), Nov. 29, 1975, 89 Stat.
775; Pub. L. 98-199, Secs. 2, 3(b), Dec. 2, 1983, 97 Stat. 1357, 1358;
Pub. L. 99-457, title IV, Sec. 402, Oct. 8, 1986, 100 Stat. 1172; Pub.
L. 100-630, title I, Sec. 101(a), Nov. 7, 1988, 102 Stat. 3289; Pub. L.
101-476, title I, Sec. 101, title IX, Sec. 901(b)(10)-(20), Oct. 30,
1990, 104 Stat. 1103, 1142, 1143; Pub. L. 102-73, title VIII,
Sec. 802(d)(1), July 25, 1991, 105 Stat. 361; Pub. L. 102-119, Secs. 3,
25(a)(1), (b), Oct. 7, 1991, 105 Stat. 587, 605, 607; Pub. L. 103-382,
title III, Sec. 391(f)(1), Oct. 20, 1994, 108 Stat. 4023, 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. 105-17.
Amendments
1998--Par. (14)(B). Pub. L. 105-244 substituted ``Tribally
Controlled College or University Assistance Act of 1978'' for ``Tribally
Controlled Community College Assistance Act of 1978''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1003, 1087ee, 1087ii, 1412,
1414, 1418, 5802, 6063, 6103, 6311, 6362, 7221g, 7801 of this title;
title 10 section 2164; title 42 sections 290ff-2, 1396n, 9832, 9859,
12511.
