[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR300.26]



[Page 18]

 

                           TITLE 34--EDUCATION

 

 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 

                         DEPARTMENT OF EDUCATION

 

PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH 

DISABILITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  300.26  Special education.



    (a) General. (1) As used in this part, the term special education 

means specially designed instruction, at no cost to the parents, to meet 

the unique needs of a child with a disability, including--

    (i) Instruction conducted in the classroom, in the home, in 

hospitals and institutions, and in other settings; and

    (ii) Instruction in physical education.

    (2) The term includes each of the following, if it meets the 

requirements of paragraph (a)(1) of this section:

    (i) Speech-language pathology services, or any other related 

service, if the service is considered special education rather than a 

related service under State standards;

    (ii) Travel training; and

    (iii) Vocational education.

    (b) Individual terms defined. The terms in this definition are 

defined as follows:

    (1) At no cost means that all specially-designed instruction is 

provided without charge, but does not preclude incidental fees that are 

normally charged to nondisabled students or their parents as a part of 

the regular education program.

    (2) Physical education--

    (i) Means the development of--

    (A) Physical and motor fitness;

    (B) Fundamental motor skills and patterns; and

    (C) Skills in aquatics, dance, and individual and group games and 

sports (including intramural and lifetime sports); and

    (ii) Includes special physical education, adapted physical 

education, movement education, and motor development.

    (3) Specially-designed instruction means adapting, as appropriate to 

the needs of an eligible child under this part, the content, 

methodology, or delivery of instruction--

    (i) To address the unique needs of the child that result from the 

child's disability; and

    (ii) To ensure access of the child to the general curriculum, so 

that he or she can meet the educational standards within the 

jurisdiction of the public agency that apply to all children.

    (4) Travel training means providing instruction, as appropriate, to 

children with significant cognitive disabilities, and any other children 

with disabilities who require this instruction, to enable them to--

    (i) Develop an awareness of the environment in which they live; and

    (ii) Learn the skills necessary to move effectively and safely from 

place to place within that environment (e.g., in school, in the home, at 

work, and in the community).

    (5) Vocational education means organized educational programs that 

are directly related to the preparation of individuals for paid or 

unpaid employment, or for additional preparation for a career requiring 

other than a baccalaureate or advanced degree.



(Authority: 20 U.S.C. 1401(25))