[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1308.10]

[Page 166-167]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1308_HEAD START PROGRAM PERFORMANCE STANDARDS ON SERVICES FOR 
CHILDREN WITH DISABILITIES--Table of Contents
 
             Subpart D_Health Services Performance Standards
 
Sec. 1308.10  Eligibility criteria: Mental retardation.

    (a) A child is classified as mentally retarded who exhibits 
significantly sub-average intellectual functioning and exhibits deficits 
in adaptive behavior which adversely affect learning. Adaptive behavior 
refers to age-appropriate coping with the demands of the environment 
through independent skills in self-care, communication and play.
    (b) Measurement of adaptive behavior must reflect objective 
documentation through the use of an established scale and appropriate 
behavioral/anecdotal records. An assessment of the child's functioning 
must also be made in settings outside the classroom.
    (c) Valid and reliable instruments appropriate to the age range must 
be used. If they do not exist for the language and cultural group to 
which the

[[Page 167]]

child belongs, observation and professional judgement are to be used 
instead.
    (d) Determination that a child is mentally retarded is never to be 
made on the basis of any one test alone.