[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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.