Section

[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR57.3]

[Page 325-334]

TITLE 32--NATIONAL DEFENSE

CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

PART 57_PROVISION OF EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES TO ELIGIBLE DOD DEPENDENTS--Table of Contents

Sec. 57.3 Definitions.

(a) Age of Majority. The age when a person acquires the rights and
responsibilities of being an adult. For purposes of this part, a child
attains majority at age 18.
(b) Alternate Assessment. A process that measures the performance of
students with disabilities unable to participate, even with
accommodations provided, in system-wide assessment.
(c) Alternative Educational Setting (AES). A temporary setting other
than the school (e.g., home, installation library) normally attended by
the student. The interim AES shall:
(1) Be selected so as to enable the child to continue to progress in
the general curriculum, although in another setting, and to continue to
receive those services and modifications, including those described in
the child's current IEP, that shall enable the child to meet the goals
set out in that IEP; and
(2) Include services and modifications to address the behavior that
resulted in the child being considered or placed in an AES.
(d) Assessment. The ongoing procedures used by appropriately
qualified personnel throughout the period of a child's eligibility
determination to identify the child's unique needs; the family's
strengths and needs related to development of the child; and the nature
and extent of early intervention services that are needed by the child
and the child's family to meet their unique needs.
(e) Assistive Technology Device. Any item, piece of equipment, or
product system, whether acquired commercially or off the shelf,
modified, or customized, that is used to increase, maintain, or improve
functional capabilities of children with disabilities.
(f) Assistive Technology Service. Any service that directly assists
an individual with a disability in the selection, acquisition, or use of
an assistive technology device. The term includes the following:
(1) The evaluation of the needs of an individual with a disability,
including a functional evaluation in the individual's customary
environment.
(2) Purchasing, leasing, or otherwise providing for the acquisition
of assistive technology devices by individuals with disabilities.
(3) Selecting, designing, fitting, customizing, adapting, applying,
maintaining, repairing, or replacing assistive technology devices.
(4) Coordinating and using other therapies, interventions, or
services with assistive technology devices, such as those associated
with existing educational and rehabilitative plans and programs.
(5) Training or technical assistance for an individual with
disabilities or the family of an individual with disabilities.
(6) Training or technical assistance for professionals (including
individuals providing educational rehabilitative services), employers,
or other individuals who provide services to, employ, or are otherwise
substantially involved in the major life functions of an individual with
a disability.
(g) Attention Deficit Disorder (ADD). As used in this part,
encompasses attention-deficit hyperactivity disorder (ADHD) and ADD
without hyperactivity. The essential features of the disorder are
developmentally inappropriate degrees of inattention, impulsiveness, and
in some instances, hyperactivity.
(1) Either diagnosis must be made by appropriate medical personnel.

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(2) ADD and ADHD are not specific disabling conditions under this
part, although a child with either may be eligible for EIS and/or
special education and related services as ``other health impaired'' by
reason of the disability if the child's alertness or vitality is
sufficiently compromised. The majority of children with ADD/ADHD
generally do not meet the eligibility criteria as outlined in this part.
(h) Audiology. A service that includes the following:
(1) Identification of children with hearing loss.
(2) Determination of the range, nature, and degree of hearing loss,
and communication functions including referral for medical or other
professional attention for the habilitation of hearing.
(3) Provision of habilitative activities, such as language
habilitation, auditory training, speech-reading (lip-reading), hearing
evaluation, and speech conservation.
(4) Creation and administration of programs for the prevention of
hearing loss.
(5) Counseling and guidance of children concerning the prevention of
hearing loss.
(6) Determination of a child's need for group and individual
amplification, selecting and fitting an aid, and evaluating the
effectiveness of amplification.
(i) Autism. A developmental disability significantly affecting
verbal and nonverbal communication and social interaction, generally
evident before age 3 years that adversely affects educational
performance. Other characteristics often associated with autism are
engagement in repetitive activities and stereotyped movements,
resistance to environmental change or change in daily routines, and
unusual responses to sensory experiences. The term does not apply if a
child's educational performance is adversely affected primarily because
the child has an emotional disturbance as defined in paragraph (z) of
this section.
(j) Case Study Committee (CSC). A school-level team comprised of,
among others, an administrator or designee who is qualified to supervise
or provide special education, one or more of the child's regular
education teachers, one or more special education teachers, parents, and
related service providers (if appropriate) who do the following:
(1) Oversee screening and referral of children who may require
special education.
(2) Oversee the multidisciplinary evaluation of such children.
(3) Determine the eligibility of children for special education and
related services.
(4) Formulate individualized instruction as reflected in an IEP, in
accordance with this part.
(5) Monitor the development, review, and revision of IEPs.
(k) Child-Find. An outreach program used by the DoD school systems,
the Military Departments, and the other DoD Components to seek and
identify children from birth to age 21, inclusive, who may require EIS
or special education and related services. Child-find includes all
children who are eligible to attend a DoD school. Child-find activities
include the dissemination of information to military members and DoD
employees, the identification and screening of children, and the use of
referral procedures.
(l) Children with Disabilities (Ages 3 through 21, Inclusive).
Children, before graduation from high school or completion of the
General Education Degree, who have one or more impairments, as
determined by a CSC and who need and qualify for special education and
related services.
(m) Consent. The permission obtained from the parent or legal
guardian. This includes the following:
(1) The parent is fully informed of all information about the
activity for which consent is sought in the native language or in
another mode of communication, if necessary.
(2) The parent understands and agrees in writing to the
implementation of the activity for which permission is sought. That
consent describes the activity, lists the child's records (if any) to be
released outside the Department of Defense, and specifies to whom the
records shall be sent.
(i) The parent understands that the granting of consent is voluntary
on the part of the parent and may be revoked at anytime.

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(ii) If a parent revokes consent, that revocation is not retroactive
(i.e., it does not negate an action that has occurred after the consent
was given and before the cognizant authorities received the notice of
revocation of the consent).
(n) Continuum of Alternative Placements. Instruction in regular
classes, special classes, special schools, home instruction, and
instruction in hospitals and institutions; includes provision for
supplementary services (such as resource room or itinerant instruction)
to be provided in conjunction with regular class placement.
(o) Counseling Service. A service provided by a qualified social
worker, psychologist, guidance counselor, or other qualified personnel.
(p) Deaf-Blindness. Concomitant hearing and visual impairments, the
combination of which causes such severe communication, developmental,
and educational problems that it cannot be accommodated in special
education programs solely for children with deafness or blindness.
(q) Deafness. A hearing loss or deficit so severe that it impairs a
child's ability to process linguistic information through hearing, with
or without amplification, and affects the child's educational
performance adversely.
(r) Developmental Delay. A significant discrepancy in the actual
functioning of an infant, toddler, or child, birth through age 5, when
compared with the functioning of a non-disabled infant, toddler, or
child of the same chronological age in any of the following areas:
physical, cognitive, communication, social or emotional, and adaptive
development as measured using standardized evaluation instruments and
confirmed by clinical observation and judgment. A child classified with
a developmental delay before the age of 5 may maintain that eligibility
classification through the age 8.
(1) A Significant Discrepancy. The child is experiencing a
developmental delay as measured by diagnostic instruments and procedures
of 2 standard deviations below the mean in at least one area, or by a 25
percent delay in at least one area on assessment instruments that yield
scores in months, or a developmental delay of 1.5 standard deviations
below the mean in two or more areas, or by a 20 percent delay on
assessment instruments that yield scores in months in two or more of the
following areas of development: cognitive, physical, communication,
social or emotional, or adaptive.
(2) High Probability for Developmental Delay. An infant or toddler,
birth through age 2, with a diagnosed physical or mental condition, such
as chromosomal disorders and genetic syndromes, that places the infant
or toddler at substantial risk of evidencing a developmental delay
without the benefit of EIS.
(s) DoD Dependents Schools (DoDDS). The overseas schools
(kindergarten through grade 12) established by 20 U.S.C. 921. The DoDDS
are operated under DoD Directive 1342.6.
(t) DoD Domestic Dependent Elementary and Secondary Schools (DDESS).
The schools (pre-kindergarten through grade 12) established by 20 U.S.C.
921-932. The DoD DDESS are operated under DoD Directive 1342.21.
(u) DoD School Systems. The DDESS and DoDDS school systems.
(v) Early Identification and Assessment. The implementation of a
formal plan for identifying a disability as early as possible in a
child's life.
(w) Early Intervention Services. Developmental services that meet
the following criteria:
(1) Are provided under the supervision of a Military Medical
Department.
(2) Are provided using Military Health Services System resources at
no cost to the parents.
(3) Evaluation, Individualized Family Service Plan (IFSP)
development and revision, and Service coordination services are provided
at no cost to the infant's or toddler's parents. Parents may be charged
incidental fees (identified in Service guidance) that are normally
charged to infants, toddlers, and children without disabilities or to
their parents.
(4) Are designed to meet the developmental needs of an infant or
toddler with a disability in any one or more of the following areas:
(i) Physical.
(ii) Cognitive.
(iii) Communication.

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(iv) Social or emotional.
(v) Adaptive development.
(5) Meet the standards developed or adopted by the Department of
Defense.
(6) Are provided by qualified personnel including early childhood
special educators, speech and language pathologists and audiologists,
occupational therapists, physical therapists, psychologists, social
workers, nurses, nutritionists, family therapists, orientation and
mobility specialists, pediatricians and other physicians, and certified
and supervised paraprofessional assistants, such as certified
occupational therapy assistants.
(7) Maximally, are provided in natural environments including the
home and community settings where infants and toddlers without
disabilities participate.
(8) Are provided in conformity with an IFSP.
(9) Developmental services include, but are not limited to, the
following services: Family training, counseling, and home visits;
special instruction; speech pathology and audiology; occupational
therapy; physical therapy; psychological services; Service coordination
services; medical services only for diagnostic or evaluation purposes;
early identification, screening and assessment services; vision
services; and social work services. Also included are assistive
technology devices and assistive technology services; health services
necessary to enable the infant or toddler to benefit from the above EIS;
and transportation and related costs necessary to enable an infant or
toddler and the family to receive EIS.
(x) Educational and Developmental Intervention Services (EDIS).
Programs operated by the Military Medical Departments to provide EIS and
related services in accordance with this part.
(y) Eligible. Children who meet the age, command sponsorship, and
dependency requirements established by 10 U.S.C. 2164, DoD Directive
1342.6, DoD Directive 1342.13, and DoD Directive 5105.4.
(1) In DoDDS, children without disabilities who meet these
requirements, and are ages 5 to 21 years, inclusive, are entitled to
receive educational instruction.
(2) In DDESS, children without disabilities who meet these
requirements, and are ages 4 to 21 years, inclusive, are entitled to
receive educational instruction.
(3) In both DoDDS and DDESS, children with disabilities, ages 3
through 21 years, inclusive, are authorized to receive educational
instruction. Additionally, an eligible infant or toddler with
disabilities is a child from birth through age 2 years who meets either
the DoDDS or DDESS eligibility requirements except for the age
requirement.
(z) Emotional Disturbance. A condition confirmed by clinical
evaluation and diagnosis and that, over a long period of time and to a
marked degree, adversely affects educational performance, and exhibits
one or more of the following characteristics:
(1) Inability to learn that cannot be explained by intellectual,
sensory, or health factors.
(2) Inability to build or maintain satisfactory interpersonal
relationships with peers and teachers.
(3) Inappropriate types of behavior or feelings under normal
circumstances.
(4) A tendency to develop physical symptoms or fears associated with
personal or school problems.
(5) A general pervasive mood of unhappiness or depression. Includes
children who are schizophrenic, but does not include children who are
socially maladjusted unless it is determined they are seriously
emotionally disturbed.
(aa) Evaluation. The synthesis of assessment information by a
multidisciplinary team used to determine whether a particular child has
a disability, the type and extent of the disability, and the child's
eligibility to receive early intervention or special education and/or
related services.
(bb) Family Training, Counseling, and Home Visits. Services
provided, as appropriate, by social workers, psychologists, and other
qualified personnel to assist the family of a child eligible under this
part in understanding the special needs of the child and enhancing the
child's development.
(cc) Free Appropriate Public Education (FAPE). Special education and
related services that:

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(1) Are provided at no cost to parents of a child with a disability,
and are under the general supervision and direction of the DoDDS or
DDESS, including children with disabilities who have been suspended or
expelled from school.
(2) Are provided in the least restrictive environment at a
preschool, elementary, or secondary school.
(3) Are provided in conformity with an IEP.
(4) Meet the requirements of this part.
(dd) Functional Behavioral Assessment. A process for identifying the
events that predict and maintain patterns of problem behavior.
(ee) Functional Vocational Evaluation. A student-centered appraisal
process for vocational development and career decision-making. It allows
students, educators, and others to gather information about such
development and decision-making. Functional vocational evaluation
includes activities for transitional, vocational, and career planning;
instructional goals; objectives; and implementation.
(ff) General Curriculum. The curriculum adopted by the DoD school
systems for all children from preschool through secondary school. To the
extent applicable to an individual child with a disability, the general
curriculum can be used in any educational environment along a continuum
of alternative placements, described in paragraph (l) of this section.
(gg) Health Services. Services necessary to enable an infant or
toddler to benefit from the other EIS being received under this part.
That term includes the following:
(1) Services such as clean intermittent catheterization, tracheotomy
care, tube feeding, changing of dressings or colostomy collection bags,
and other health services.
(2) Consultation by physicians with other service providers about
the special healthcare needs of infants and toddlers with disabilities
that need to be addressed in the course of providing other EIS.
(3) That term does not include the following:
(i) Services that are surgical or solely medical.
(ii) Devices necessary to control or treat a medical condition.
(iii) Medical services routinely recommended for all infants or
toddlers.
(hh) Hearing Impairment. An impairment in hearing, whether permanent
or fluctuating, that adversely affects a child's educational
performance, but is not included under the definition of deafness.
(ii) Illegal Drug. Means a controlled substance as identified in the
Controlled Substances Act (21 U.S.C. 812(c)) but does not include a
substance that is legally possessed or used under the supervision of a
licensed healthcare professional or that is legally possessed or used
under any other authority under that Act or under any other provision of
Federal law.
(jj) Independent Evaluation. An evaluation conducted by a qualified
examiner who is not employed by either the DoD school or EDIS that
conducted the initial evaluation.
(kk) Individualized Education Program (IEP). A written document
defining specially designed instruction for a student with a disability,
ages 3 through 21 years, inclusive. That document is developed and
implemented in accordance with appendix B of this part.
(ll) Individualized Family Service Plan (IFSP). A written document
for an infant or toddler, age birth through 2 years, with a disability
and the family of such infant or toddler that is developed, reviewed,
and revised in accordance with appendix A of this part.
(mm) Infants and Toddlers with Disabilities. Children, ages birth
through 2 years, who need EIS because they:
(1) Are experiencing a developmental delay, defined at paragraph (r)
of this section.
(2) Have a high probability for developmental delay as defined at
paragraph (r)(2) of this section.
(nn) Inter-Component. Cooperation among DoD organizations and
programs, ensuring coordination and integration of services to infants,
toddlers, children with disabilities, and their families.
(oo) Medical Services. Those evaluative, diagnostic, therapeutic,
and supervisory services provided by a licensed and/or credentialed
physician to

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assist CSCs and to implement IEPs. Medical services include diagnosis,
evaluation, and medical supervision of related services that, by
statute, regulation, or professional tradition, are the responsibility
of a licensed and credentialed physician.
(pp) Meetings to Determine Eligibility or Placement of a Child. All
parties to such a meeting shall appear personally at the meeting site on
issuance of written notice and establishment of a date convenient to the
concerned parties. When a necessary participant is unable to attend,
electronic communication suitable to the occasion may be used to involve
the unavailable party. Parents generally shall be responsible for the
cost of travel to personally attend meetings about the eligibility or
placement of their child.
(qq) Mental Retardation. Significantly sub-average general
intellectual functioning, existing concurrently with deficits in
adaptive behavior. This disability is manifested during the
developmental period and adversely affects a child's educational
performance.
(rr) Multidisciplinary. The involvement of two or more disciplines
or professions in the integration and coordination of services,
including evaluation and assessment activities, and development of an
IFSP or an IEP.
(ss) Native Language. When used with reference to an individual of
limited English proficiency, the home language normally used by such
individuals, or in the case of a child, the language normally used by
the parents of the child.
(tt) Natural Environments. Settings that are natural or normal
(e.g., home or day care setting) for the infant, toddler, or child's
same-age peers who have no disability.
(uu) Non-DoD Placement. An assignment by the DoD school system of a
child with a disability to a non-DoD school or facility. The term does
not include a home schooling arrangement, except pursuant to an IEP.
(vv) Non-DoD School or Facility. A public or private school or other
institution not operated by the Department of Defense. That term
includes DDESS special contractual arrangements.
(ww) Nutrition Services. Those services to infants and toddlers that
include, but are not limited to, the following:
(1) Conducting individual assessments in nutritional history and
dietary intake; anthropometric, biochemical, and clinical variables;
feeding skills and feeding problems; and food habits and food
preferences.
(2) Developing and monitoring plans to address the nutritional needs
of infants and toddlers eligible for EIS.
(3) Making referrals to community resources to carry out nutrition
goals.
(xx) Occupational Therapy. Services provided by a qualified
occupational therapist or a certified occupational therapist assistant
(under the supervision of a qualified occupational therapist). That term
includes services to address the functional needs of children (birth
through age 21, inclusive) related to adaptive development; adaptive
behavior and play; and sensory, motor, and postural development. Those
services are designed to improve the child's functional ability to
perform tasks in home, school, and community settings, and include the
following:
(1) Identification, assessment, and intervention.
(2) Adaptation of the environment and selection, design, and
fabrication of assistive and orthotic devices to help development and
promote the acquisition of functional skills.
(3) Prevention or minimization of the impact of initial or future
impairment, delay in development, or loss of functional ability.
(yy) Orthopedic Impairment. A severe orthopedic impairment that
adversely affects a child's educational performance. That term includes
congenital impairments such as club foot or absence of some member;
impairments caused by disease, such as poliomyelitis and bone
tuberculosis; and impairments from other causes such as cerebral palsy,
amputations, and fractures or burns causing contractures.
(zz) Orientation and Mobility. Services provided to blind or
visually impaired students by qualified personnel to enable those
students to attain systematic orientation to and safe movement within
their environments in school, home and community; and includes teaching
students the following, as appropriate:

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(1) To understand spatial and environmental concepts and use of
information received by the senses (such as sound, temperature and
vibrations) orientation and mobility to establish, maintain, or regain
orientation and line of travel (e.g., using sound at a traffic light to
cross the street);
(2) To use the long cane to supplement visual travel skills or as a
tool for safely negotiating the environment for students with no
available travel vision;
(3) To understand and use remaining vision and distance low vision
aids; and other concepts, techniques, and tools.
(aaa) Other Health Impairment. Limited strength, vitality, or
alertness due to chronic or acute health problems that adversely affect
a child's educational performance. Such impairments may include ADD,
heart condition, tuberculosis, rheumatic fever, nephritis, asthma,
sickle cell anemia, hemophilia, seizure disorder, lead poisoning,
leukemia, or diabetes.
(bbb) Parent. The biological father or mother of a child; a person
who, by order of a court of competent jurisdiction, has been declared
the father or mother of a child by adoption; the legal guardian of a
child; or a person in whose household a child resides, if such person
stands in loco parentis to that child and contributes at least one-half
of the child's support.
(ccc) Parent Counseling and Training. A service that assists parents
in understanding the special needs of their child's development and that
provides them with information on child development and special
education.
(ddd) Personally Identifiable Information. Information that would
make it possible to identify the infant, toddler, or child with
reasonable certainty. Information includes:
(1) The name of the child, the child's parent, or other family
member; the address of the child;
(2) A personal identifier, such as the child's social security
number or student number; or
(3) A list of personal characteristics or other information that
would make it possible to identify the child with reasonable certainty.
(eee) Physical Therapy. Services provided by a qualified physical
therapist or a certified physical therapist (under the supervision of a
qualified physical therapist). That term includes services to children
(birth through age 21, inclusive) to address the promotion of
sensorimotor function through enhancement of musculoskeletal status,
neurobehavioral organization, perceptual and motor development,
cardiopulmonary status, and effective environmental adaptation. Those
services include the following:
(1) Screening, evaluation, and assessment to identify movement
dysfunction.
(2) Obtaining, interpreting, and integrating information to
appropriate program planning to prevent, alleviate, or compensate for
movement dysfunction and related functional problems.
(3) Providing individual and group services or treatment to prevent,
alleviate, or compensate for movement dysfunction and related functional
problems.
(fff) Primary Referral Source. Parents and the DoD Components,
including child development centers, pediatric clinics, and newborn
nurseries, that suspect an infant or toddler has a disability and bring
the child to the attention of the EDIS.
(ggg) Psychological Services. Services that include the following:
(1) Administering psychological and educational tests and other
assessment procedures.
(2) Interpreting test and assessment results.
(3) Obtaining, integrating, and interpreting information about a
child's behavior and conditions relating to learning.
(4) Consulting with other staff members, including service
providers, to plan programs to meet the special needs of children, as
indicated by psychological tests, interviews, and behavioral
evaluations.
(5) Planning and managing a program of psychological services,
including psychological counseling for children and parents, family
counseling, consultation on child development, parent training, and
education programs.
(hhh) Public Awareness Program. Activities or print materials
focusing on early identification of infants and toddlers with
disabilities. Materials may

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include information prepared and disseminated by a military medical
department to all primary referral sources and information for parents
on the availability of EIS. Procedures to determine the availability of
information on EIS to parents are also included in that program.
(iii) Qualified. A person who meets the DoD-approved or recognized
certification, licensing, or registration requirements or other
comparable requirements in the area in which the person provides special
education or related services or EIS to an infant, toddler, or child
with a disability.
(jjj) Recreation. A related service that includes the following:
(1) Assessment of leisure function.
(2) Therapeutic recreational activities.
(3) Recreational programs in schools and community agencies.
(4) Leisure education.
(kkk) Rehabilitation Counseling. Services provided by qualified
personnel in individual or group sessions that focus specifically on
career development, employment preparation, achieving independence, and
integration in the workplace and community of the student with a
disability. The term also includes vocational rehabilitation services
provided to a student with disabilities by vocational rehabilitation
programs funded under the Rehabilitation Act of 1973, as amended.
(lll) Related Services. Transportation and such developmental,
corrective, and other supportive services, as required, to assist a
child, age 3 through 21 years, inclusive, with a disability to benefit
from special education under the child's IEP. The term includes speech-
language pathology and audiology, psychological services, physical and
occupational therapy, recreation including therapeutic recreation, early
identification and assessment of disabilities in children, counseling
services including rehabilitation counseling, orientation and mobility
services, and medical services for diagnostic or evaluative purposes.
That term also includes school health services, social work services in
schools, and parent counseling and training. The sources for those
services are school, community, and medical treatment facilities.
(mmm) Related Services Assigned to the Military Medical Departments
Overseas. Services provided by EDIS to DoDDS students, under the
development or implementation of an IEP, necessary for the student to
benefit from special education. Those services may include medical
services for diagnostic or evaluative purpose, social work, community
health nursing, dietary, occupational therapy, physical therapy,
audiology, ophthalmology, and psychological testing and therapy.
(nnn) School Health Services. Services provided by a qualified
school nurse or other qualified person.
(ooo) Separate Facility. A school or a portion of a school,
regardless of whether it is operated by the Department of Defense,
attended exclusively by children with disabilities.
(ppp) Service Coordination. Activities of a service coordinator to
assist and enable an infant or toddler and the family to receive the
rights, procedural safeguards, and services that are authorized to be
provided under appendix B of this part. Those activities include the
following:
(1) Coordinating the performance of evaluations and assessments.
(2) Assisting families to identify their resources, concerns, and
priorities.
(3) Facilitating and participating in the development, review, and
evaluation of IFSPs.
(4) Assisting in identifying available service providers.
(5) Coordinating and monitoring the delivery of available services.
(6) Informing the family of support or advocacy services.
(7) Coordinating with medical and health providers.
(8) Facilitating the development of a transition plan to preschool
services.
(qqq) Service Provider. Any individual who provides services listed
in an IEP or an IFSP.
(rrr) Social Work Services in Schools. A service that includes the
following:
(1) Preparing a social or developmental history on a child with a
disability.
(2) Counseling a child and the family on a group or individual
basis.

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(3) Working with those problems in a child's home, school, or
community that adversely affect adjustment in school.
(4) Using school and community resources to enable a child to
benefit from the educational program.
(sss) Special Education. Specially designed instruction, including
physical education, which is provided at no cost to the parent or
guardians to meet the unique needs of a child with a disability,
including instruction conducted in the classroom, in the home, in
hospitals and institutions, and in other settings.
(1) That term includes speech-language pathology or any other
related service if the service consists of specially designed
instruction, at no cost to the parents, to meet the unique needs of a
child with a disability.
(2) That term also includes vocational education if it consists of
specially designed instruction, at no cost to the parents, to meet the
unique needs of a child with a disability.
(3) At No Cost. For a child eligible to attend a DoD school without
paying tuition, specially designed instruction and related services are
provided without charge. Incidental fees normally charged to non-
disabled students or their parents as a part of the regular educational
program may be imposed.
(4) Physical Education. The development of the following:
(i) Physical and motor fitness.
(ii) Fundamental motor skills and patterns.
(iii) Skills in aquatics, dance, and individual and group games and
sports, including intramural and lifetime sports.
(iv) A program that includes special physical education, adapted
physical education, movement education, and motor development.
(ttt) Specially Designed Instruction. That term means adapting
content, methodology or delivery of instruction to:
(1) Address the unique needs of an eligible child under this part;
and
(2) Ensure access of the child to the general curriculum, so that
she or he can meet the educational standards within the DoD school
systems.
(uuu) Specific Learning Impairment. A disorder in one or more of the
basic psychological processes involved in understanding or in using
spoken or written language that may manifest itself as an imperfect
ability to listen, think, speak, read, write, spell, remember, or do
mathematical calculations. That term includes such conditions as
perceptual disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia. The term, commonly called,
``specific learning disability,'' does not include learning problems
that are primarily the result of visual, hearing, or motor disabilities;
mental retardation; emotional disturbance; or environmental, cultural,
or economic differences.
(vvv) Speech and Language Impairments. A communication disorder,
such as stuttering, impaired articulation, voice impairment, or a
disorder in the receptive or expressive areas of language that adversely
affects a child's educational performance.
(www) Speech-Language Pathology Services. Services provided by a
qualified speech/language therapist or a certified speech/language
assistant (under the supervision of a qualified speech/language
therapist), that include the following:
(1) Identification of children with speech or language impairments.
(2) Diagnosis and appraisal of specific speech or language
impairments.
(3) Referral for medical or other professional attention for the
habilitation or prevention of speech and language impairments.
(4) Provision of speech and language services for the habilitation
or prevention of communicative impairments.
(5) Counseling and guidance of children, parents, and teachers for
speech and language impairments.
(xxx) Supplementary Aids and Services. Include aids, services, and
other supports that are provided in regular education classes or other
educational-related settings to enable children with disabilities to be
educated with non-disabled children to the maximum extent appropriate.
(yyy) Transition Services. (1) A coordinated set of activities for a
student

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that may be required to promote movement from early intervention,
preschool, and other educational programs into different educational
settings or programs.
(2) For students 14 years of age and older, transition services are
designed in an outcome-oriented process that promotes movement from
school to post-school activities; including, related services, post-
secondary education, vocational training, integrated employment; and
also including supported employment, continuing and adult education,
adult services, independent living, or community participation. The
coordinated set of activities are based on the individual student's
needs, considering the student's preferences and interests, and include
instruction, community experiences, the development of employment and
other post-school adult living objectives, and acquisition of daily
living skills and functional vocational evaluation.
(zzz) Transportation. A service that includes the following:
(1) Transportation and related costs for EIS includes the cost of
travel (e.g., mileage or travel by taxi, common carrier, or other means)
and other costs (e.g., tolls and parking expenses) that are necessary to
enable an eligible child and the family to receive EIS.
(2) Services rendered under the IEP of a child with a disability:
(i) Travel to and from school and between schools, including travel
necessary to permit participation in educational and recreational
activities and related services.
(ii) Travel in and around school buildings.
(3) Specialized equipment, including special or adapted buses,
lifts, and ramps, if required to provide transportation for a child with
a disability.
(aaaa) Traumatic Brain Injury. An acquired injury to the brain
caused by an external physical force resulting in total or partial
functional disability or psychosocial impairment that adversely affects
educational performance. That term includes open or closed head injuries
resulting in mild, moderate, or severe impairments in one or more areas
including cognition, language, memory, attention, reasoning, abstract
thinking, judgment, problem solving, sensory, perceptual and motor
abilities, psychosocial behavior, physical function, information
processing, and speech. That term does not include brain injuries that
are congenital or degenerative, or brain injuries that are induced by
birth trauma.
(bbbb) Vision Services. Services necessary to habilitate or
rehabilitate the effects of sensory impairment resulting from a loss of
vision.
(cccc) Visual Impairment. An impairment of vision that, even with
correction, adversely affects a child's educational performance. That
term includes both partial sight and blindness.
(dddd) Vocational Education. Organized educational programs for the
preparation of individuals for paid or unpaid employment or for
additional preparation for a career requiring other than a baccalaureate
or advanced degree.
(eeee) Weapon. Items carried, presented, or used in the presence of
other persons in a manner likely to make reasonable persons fear for
their safety. They include, but are not limited to, guns, look-alike
(replica) guns, knives, razors, box or carpet cutters, slingshots,
nunchucks, any flailing instrument such as a fighting chain or heavy
studded or chain belt, objects designed to project a missile,
explosives, mace, pepper spray, or any other similar propellant, or any
other object concealed, displayed, or brandished in a manner that
reasonably provokes fear.