[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: 32CFR80.3]

[Page 412-422]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
  PART 80_PROVISION OF EARLY INTERVENTION SERVICES TO ELIGIBLE 
 
Sec.  80.3  Definitions.

    (a) 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 individuals with disabilities.
    (b) Assistive technology service. Any service that directly assists 
an individual with a disability in the selection, acquisition, or use of 
an assistive technology device. This term includes:
    (1) Evaluating the needs of an individual with a disability, 
including a functional evaluation of the individual in the individual's 
customary environment.

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    (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 of 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, where appropriate, 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.
    (c) Attention deficit disorder (ADD). As used to define students, 
encompasses attention-deficit hyperactivity disorder and attention 
deficit disorder without hyperactivity. The essential features of this 
disorder are developmentally inappropriate degrees of inattention, 
impulsiveness, and hyperactivity.
    (1) A diagnosis of ADD may be made only after the child is evaluated 
by appropriate medical personnel, and evaluation procedures set forth in 
this part (appendix B to this part) are followed.
    (2) A diagnosis of ADD, in and of itself, does not mean that a child 
requires special education; it is possible that a child diagnosed with 
ADD, as the only finding, can have his or her educational needs met 
within the regular education setting.
    (3) For a child with ADD to be eligible for special education, the 
Case Study Committee, with assistance from the medical personnel 
conducting the evaluation, must then make a determination that the ADD 
is a chronic or acute health problem that results in limited alertness, 
which adversely affects educational performance. Children with ADD who 
are eligible for special education and medically related services will 
qualify for services under ``Other Health Impaired'' as described in 
Criterion A, paragraph (h)(1) of this section.
    (d) Autism. A developmental disability significantly affecting 
verbal and non-verbal communication and social interaction generally 
evident before age 3 that adversely affects educational performance. 
Characteristics of autism include irregularities and impairments in 
communication, 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 include children with characteristics of the disability of serious 
emotional disturbance.
    (e) Case Study Committee (CSC). A school-based committee that 
determines a child's eligibility for special education, develops and 
reviews a child's individualized education program (IEP), and determines 
appropriate placement in the least restrictive environment. A CSC is 
uniquely composed for each child. Participants on a CSC must include:
    (1) The designated representative of the Section 6 School 
Arrangement, who is qualified to supervise the provision of special 
education. Such representative may not be the child's special education 
teacher.
    (2) One, or more, of the child's regular education teachers, if 
appropriate.
    (3) A special education teacher.
    (4) One, or both, of the child's parents.
    (5) The child, if appropriate.
    (6) A member of the evaluation team or another person knowledgeable 
about the evaluation procedures used with the child.
    (7) Other individuals, at the discretion of the parent or the 
Section 6 School Arrangement, who may have pertinent information.
    (f) Child-find. The ongoing process used by the Military Services 
and a Section 6 School Arrangement to seek and identify children (from 
birth to 21 years of age) who show indications that they might be in 
need of early intervention services or special education

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and related services. Child-find activities include the dissemination of 
information to the public and identification, screening, and referral 
procedures.
    (g) Children with disabilities ages 5-21 (inclusive). Those children 
ages 5-21 years (inclusive), evaluated in accordance with this part, who 
are in need of special education as determined by a CSC and who have not 
been graduated from a high school or who have not completed the 
requirements for a General Education Diploma. The terms ``child'' and 
``student'' may also be used to refer to this population. The student 
must be determined eligible under one of the following four categories:
    (1) Criterion A. The educational performance of the student is 
adversely affected, as determined by the CSC, by a physical impairment; 
visual impairment including blindness; hearing impairment including 
deafness; orthopedic impairment; or other health impairment, including 
ADD, when the condition is a chronic or acute health problem that 
results in limited alertness; autism; and traumatic brain injury 
requiring environmental and/or academic modifications.
    (2) Criterion B. A student who manifests a psychoemotional condition 
that is the primary cause of educational difficulties; a student who 
exhibits maladaptive behavior to a marked degree and over a long period 
of time that interferes with skill attainment, classroom functioning or 
performance, social-emotional condition, and who as a result requires 
special education. The term does not usually include a student whose 
difficulties are primarily the result of:
    (i) Intellectual deficit;
    (ii) Sensory or physical impairment;
    (iii) Attention deficit hyperactivity disorder;
    (iv) Antisocial behavior;
    (v) Parent-child or family problems;
    (vi) Disruptive behavior disorders;
    (vii) Adjustment disorders;
    (viii) Interpersonal or life circumstance problems; or
    (ix) Other problems that are not the result of a severe emotional 
disorder.
    (3) Criterion C. The educational performance of the student is 
adversely affected, as determined by the CSC, by a speech and/or 
language impairment.
    (4) Criterion D. The measured academic achievement of the student in 
math, reading, or language is determined by the CSC to be adversely 
affected by underlying disabilities (including mental retardation and 
specific learning disability) including either an intellectual deficit 
or an information processing deficit.
    (5) Criterion E. A child, 0-5 inclusive, whose functioning level as 
determined by the CSC, is developmentally delayed and would qualify for 
special education and related services as determined by this regulation.
    (h) Consent. This term means that:
    (1) The parent of an infant, toddler, child, or preschool child with 
a disability has been fully informed, in his or her native language, or 
in another mode of communication, of all information relevant to the 
activity for which permission is sought.
    (2) The parent understands and agrees in writing to the 
implementation of the activity for which his or her permission is 
sought. The writing must describe that activity, list the child's 
records that will be released and to whom, and acknowledge that the 
parent understands consent is voluntary and may be prospectively revoked 
at any time.
    (3) The parent of an infant, toddler, preschool child or child must 
consent to the release of records. The request for permission must 
describe that activity, list each individual's records that will be 
released and to whom, and acknowledge that the parent understands that 
consent is voluntary and may be prospectively revoked at any time.
    (4) The written consent of a parent of an infant or toddler with a 
disability is necessary for implementation of early intervention 
services described in the individualized family service plan (IFSP). If 
such parent does not provide consent with respect to a particular early 
intervention service, then the early intervention services for which 
consent is obtained shall be provided.
    (i) Deaf. A hearing loss or deficit so severe that the child is 
impaired in processing linguistic information

[[Page 415]]

through hearing, with or without amplification, to the extent that his 
or her educational performance is adversely affected.
    (j) Deaf-blind. Concomitant hearing and visual impairments, the 
combination of which causes such severe communication and other 
developmental and educational problems that they cannot be accommodated 
in special education programs solely for children with deafness or 
children with blindness.
    (k) Developmental delay. A significant discrepancy in the actual 
functioning of an infant or toddler when compared with the functioning 
of a nondisabled infant or toddler of the same chronological age in any 
of the following areas of development: Physical development, cognitive 
development, communication development, social or emotional development, 
and adaptive development as measured using standardized evaluation 
instruments and confirmed by clinical observation and judgment. A 
significant discrepancy exists when the one area of development is 
delayed by 25 percent or 2 standard deviations or more below the mean or 
when two areas of development are each delayed by 20 percent or 1\1/2\ 
standard deviations or more below the mean. (Chronological age should be 
corrected for prematurity until 24 months of age.)
    (l) Early intervention service coordination services. Case 
management services that include integration and oversight of the 
scheduling and accomplishment of evaluation and delivery of early 
intervention services to an infant or toddler with a disability and his 
or her family.
    (m) Early intervention services. Developmental services that:
    (1) Are provided under the supervision of a military medical 
department.
    (2) Are provided using Military Health Service System and community 
resources.
    (i) Evaluation IFSP development and revision, and service 
coordination services are provided at no cost to the infant's or 
toddler's parents.
    (ii) Incidental fees (e.g., child care fees) that are normally 
charged to infants, toddlers, and children without disabilities or their 
parents may be charged.
    (3) Are designed to meet the developmental needs of an infant or 
toddler with a disability in any one or more of the following areas: 
Physical development, cognitive development, communication development, 
social or emotional development, or adaptive development.
    (4) Meet the standards developed by the Assistant Secretary of 
Defense for Health Affairs (ASD(HA)).
    (5) Include the following services: Family training, counseling, and 
home visits; special instruction; speech pathology and audiology; 
occupational therapy; physical therapy; psychological services; early 
intervention program 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 early intervention services; and transportation 
and related costs that are necessary to enable an infant or toddler and 
the infant's or toddler's family to receive early intervention services.
    (6) Are provided by qualified personnel, including: Special 
educators; speech and language pathologists and audiologists; 
occupational therapists; physical therapists; psychologists; social 
workers; nurses' nutritionists; family therapists; orientation and 
mobility specialists; and pediatricians and other physicians.
    (7) To the maximum extent appropriate, are provided in natural 
environments, including the home and community settings in which infants 
and toddlers without disabilities participate.
    (8) Are provided in conformity with an IFSP.
    (n) Evaluation. Procedures used to determine whether an individual 
(birth through 21 inclusive) has a disability under this part and the 
nature and extent of the early intervention services and special 
education and related services that the individual needs. These 
procedures must be used selectively with an individual and may not 
include

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basic tests administered to, or used with, all infants, toddlers, 
preschool children or children in a school, grade, class, program, or 
other grouping.
    (o) Family training, counseling, and home visits. Services provided, 
as appropriate, by social workers, psychologists, and other qualified 
personnel to assist the family of an infant or toddler eligible for 
early intervention services in understanding the special needs of the 
child and enhancing the infant or toddler's development.
    (p) Free appropriate public education. Special education and related 
services for children ages 3-21 years (inclusive) that:
    (1) Are provided at no cost (except as provided in paragraph (xx)(1) 
of this section, to parents or child with a disability and are under the 
general supervision and direction of a Section 6 School Arrangement.
    (2) Are provided at an appropriate preschool, elementary, or 
secondary school.
    (3) Are provided in conformity with an Individualized Education 
Program.
    (4) Meet the requirements of this part.
    (q) Frequency and intensity. The number of days or sessions that a 
service will be provided, the length of time that the service is 
provided during each session, whether the service is provided during 
each session, and whether the service is provided on an individual or 
group basis.
    (r) Health services. Services necessary to enable an infant or 
toddler, to benefit from the other early intervention services under 
this part during the time that the infant or toddler is receiving the 
other early intervention services. The term includes:
    (1) Such services as clean intermittent catheterization, 
tracheostomy care, tube feeding, the changing of dressings or osteotomy 
collection bags, and other health services.
    (2) Consultation by physicians with other service providers on the 
special health care needs of infants and toddlers with disabilities that 
will need to be addressed in the course of providing other early 
intervention services.
    (3) The term does not include the following:
    (i) Services that are surgical in nature or purely medical in 
nature.
    (ii) Devices necessary to control or treat a medical condition.
    (iii) Medical or health services that are routinely recommended for 
all infants or toddlers.
    (s) Hearing impairment. A hearing loss, whether permanent or 
fluctuating, that adversely affects an infant's, toddler's, preschool 
child's, or child's educational performance.
    (t) High probability for developmental delay. An infant or toddler 
with a medical condition that places him or her at substantial risk of 
evidencing a developmental delay before the age of 5 years without the 
benefit of early intervention services.
    (u) Include; such as. Not all the possible items are covered, 
whether like or unlike the ones named.
    (v) Independent evaluation. An evaluation conducted by a qualified 
examiner who is not employed by the DoD Section 6 Schools.
    (w) Individualized education program (IEP). A written statement for 
a preschool child or child with a disability (ages 3-21 years inclusive) 
developed and implemented in accordance with this part (appendix B to 
this part).
    (x) Individualized family service plan (IFSP). A written statement 
for an infant or toddler with a disability and his or her family that is 
based on a multidisciplinary assessment of the unique needs of the 
infant or toddler and concerns and the priorities of the family, and an 
identification of the services appropriate to meet such needs, concerns, 
and priorities.
    (y) Individuals with disabilities. Infants and toddlers with 
disabilities, preschool children with disabilities, and children with 
disabilities, collectively, ages birth to 21 years (inclusive) who are 
either entitled to enroll in a Section 6 School Arrangement or would, 
but for their age, be so entitled.
    (z) Infants and toddlers with disabilities. Individuals from birth 
to age 2 years (inclusive), who need early intervention services because 
they:
    (1) Are experiencing a developmental delay, as measured by 
appropriate diagnostic instruments and procedures, of 25 percent (or 2 
standard deviations below the mean), in one or more areas,

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or 20 percent (or 1\1/2\ standard deviations below the mean), in two or 
more of the following areas of development: Cognitive, physical, 
communication, social or emotional, or adaptive development.
    (2) Are at-risk for a developmental delay; i.e., have a diagnosed 
physical or mental condition that has a high probability of resulting in 
developmental delay; e.g., chromosomal disorders and genetic syndromes.
    (aa) Intercomponent. Cooperation among the DoD Components and 
programs so that coordination and integration of services to individuals 
with disabilities and their families occur.
    (bb) Medically related services. (1) Medical services (as defined in 
paragraph (cc) of this section) and those services provided under 
professional medical supervision that are required by a CSC either to 
determine a student's eligibility for special education or, if the 
student is eligible, the special education and related services required 
by the student under this part in accordance with 32 CFR part 345.
    (2) Provision of either direct or indirect services listed on an IEP 
as necessary for the student to benefit from the educational curriculum. 
These services may include: Medical; social work; community health 
nursing; dietary; psychiatric diagnosis; evaluation, and follow up; 
occupational therapy; physical therapy; audiology; ophthalmology; and 
psychological testing and therapy.
    (cc) Medical services. Those evaluative, diagnostic, and supervisory 
services provided by a licensed and credentialed physician to 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.
    (dd) Mental retardation. Significantly subaverage general 
intellectual functioning, existing concurrently with deficits in 
adaptive behavior and manifested during the developmental period, that 
adversely affects a preschool child's or child's educational 
performance.
    (ee) Multidisciplinary. The involvement of two or more disciplines 
or professions in the provision of integrated and coordinated services, 
including evaluation and assessment activities, and development of an 
IFSP or IEP.
    (ff) Native language. When used with reference to an individual of 
limited English proficiency, the language normally used by such 
individuals, or in the case of an infant, toddler, preschool child or 
child, the language normally used by the parent of the infant, toddler, 
preschool child or child.
    (gg) Natural environments. Settings that are natural or normal for 
the infant or toddler's same age peers who have no disability.
    (hh) Non-section 6 school arrangement or facility. A public or 
private school or other institution not operated in accordance with 32 
CFR part 345. This term includes Section 6 special contractual 
arrangements.
    (ii) Nutrition services. These services include:
    (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 appropriate plans to address the 
nutritional needs of infants and toddlers eligible for early 
intervention services.
    (3) Making referrals to appropriate community resources to carry out 
nutrition goals.
    (jj) Orthopedic impairment. A severe physical impairment that 
adversely affects a child's educational performance. The term includes 
congenital impairments (such as club foot and 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 contracture.
    (kk) Other health impairment. Having an autistic condition that is 
manifested by severe communication and other developmental and 
educational problems; or having limited strength, vitality, or alertness 
due to chronic or acute health problems that adversely affect a child's 
educational performance as determined by the CSC, such

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as: ADD, heart condition, tuberculosis, rheumatic fever, nephritis, 
asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, 
leukemia, and diabetes.
    (ll) 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, provided that 
such person stands in loco parentis to that child and contributes at 
least one-half of the child's support.
    (mm) Personally identifiable information. Information that includes 
the name of the infant, toddler, preschool child, child, parent or other 
family member; the home address of the infant, toddler, preschool child, 
child, parent or other family member; another personal identifier, such 
as the infant's, toddler's, preschool child's, child's, parent's or 
other family member's social security number; or a list of personal 
characteristics or other information that would make it possible to 
identify the infant, toddler, preschool child, child, parent, or other 
family member with reasonable certainty.
    (nn) Preschool children with disabilities. These are students, ages 
3-5 years (inclusive), who need special education services because they:
    (1) Are experiencing developmental delays, as measured by 
appropriate diagnostic instruments and procedures in one or more of the 
following areas: Cognitive development, physical development, 
communication development, social or emotional development, and adaptive 
development; and
    (2) Who, by reason thereof, need special education and related 
services.
    (oo) Primary referral source. The DoD Components, including child 
care centers, pediatric clinics, and parents that suspect an infant, 
toddler, preschool child or child has a disability and bring that 
infant, toddler, preschool child or child to the attention of the Early 
Intervention Program or school CSC.
    (pp) Public awareness program. Activities focusing on early 
identification of infants and toddlers with disabilities, including the 
preparation and dissemination by the military medical department to all 
primary referral sources of information materials for parents on the 
availability of early intervention services. Also includes procedures 
for determining the extent to which primary referral sources within the 
Department of Defense, especially within DoD medical treatment 
facilities, and physicians disseminate information on the availability 
of early intervention services to parents of infants or toddlers with 
disabilities.
    (qq) Qualified. With respect to instructional personnel, a person 
who holds at a minimum a current and applicable teaching certificate 
from any of the 50 States, Puerto Rico, or the District of Columbia, or 
has met other pertinent requirements in the areas in which he or she is 
providing special education or related services not of a medical nature 
to children with disabilities. Providers of early intervention services 
and medically related services must meet standards established by the 
ASD(HA).
    (rr) Related services. This includes transportation, and such 
developmental, corrective, and other supportive services (including 
speech pathology and audiology; psychological services; physical and 
occupational therapy; recreation, including therapeutic recreation and 
social work services; and medical and counseling services), including 
rehabilitation counseling (except that such medical services shall be 
for diagnostic and evaluative 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 preschool children or children. The following list of related 
services is not exhaustive and may include other developmental, 
corrective, or supportive services (such as clean intermittent 
catheterization), if they are required to assist a child with a 
disability to benefit from special education, as determined by a CSC.
    (1) Audiology. This term includes:
    (i) Audiological, diagnostic, and prescriptive services provided by 
audiologists who have a Certificate of Clinical Competence--Audiology 
(CCC-A) and pediatric experience. Audiology shall not include speech 
therapy.

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    (ii) Identification of children with hearing loss.
    (iii) Determination of the range, nature, and degree of hearing 
loss, including referral for medical or other professional attention 
designed to ameliorate or correct that loss.
    (iv) Provision of ameliorative and corrective activities, including 
language and auditory training, speech-reading (lip-reading), hearing 
evaluation, speech conservation, the recommendation of amplification 
devices, and other aural rehabilitation services.
    (v) Counseling and guidance of children, parents, and service 
providers regarding hearing loss.
    (vi) Determination of the child's need for group and individual 
amplification, selecting and fitting an appropriate aid, and evaluating 
the effectiveness of amplification.
    (2) Counseling services. Services provided by qualified social 
workers, psychologists, guidance counselors, or other qualified 
personnel to help a preschool child or child with a disability to 
benefit from special education.
    (3) Early identification. The implementation of a formal plan for 
identifying a disability as early as possible in the individual's life.
    (4) Medical services. Those evaluative, diagnostic, and supervisory 
services provided by a licensed and credentialed physician to assist 
CSCs in determining whether a child has a medically related disability 
condition that results in the child's need for special education and 
related services 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.
    (5) Occupational therapy. Therapy that provides developmental 
evaluations and treatment programs using selected tasks to restore, 
reinforce, or enhance functional performance. It addresses the quality 
and level of functions in areas such as behavior, motor coordination, 
spatial orientation; visual motor and sensory integration; and general 
activities of daily living. This therapy, which is conducted or 
supervised by a qualified occupational therapist, provides training and 
guidance in using special equipment to improve the patient's functioning 
in skills of daily living, work, and study.
    (6) Parent counseling and training. Assisting parents in 
understanding the special needs of their preschool child or child and 
providing parents with information about child development and special 
education.
    (7) Physical therapy. Therapy that provides evaluations and 
treatment programs using exercise, modalities, and adaptive equipment to 
restore, reinforce, or enhance motor performance. It focuses on the 
quality of movement, reflex development, range of motion, muscle 
strength, gait, and gross motor development, seeking to decrease 
abnormal movement and posture while facilitating normal movement and 
equilibrium reactions. The therapy, which is conducted by a qualified 
physical therapist, provides for measurement and training in the use of 
adaptive equipment and prosthetic and orthotic appliances. Therapy may 
be conducted by a qualified physical therapist assistant under the 
clinical supervision of a qualified physical therapist.
    (8) Psychological services. Services listed in paragraphs (rr) (8) 
(i) through (rr) (8) (iv) of this section that are provided by a 
qualified psychologist:
    (i) Administering psychological and educational tests and other 
assessment procedures.
    (ii) Interpreting test and assessment results.
    (iii) Obtaining, integrating, and interpreting information about a 
preschool child's or child's behavior and conditions relating to his or 
her learning.
    (iv) Consulting with other staff members in planning school programs 
to meet the special needs of preschool children and children, as 
indicated by psychological tests, interviews, and behavioral 
evaluations.
    (v) Planning and managing a program of psychological services, 
including psychological counseling for preschool children, children, and 
parents. For the purpose of these activities, a qualified psychologist 
is a psychologist licensed in a State of the United States who has a 
degree in clinical or school

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psychology and additional pediatric training and/or experience.
    (9) Recreation. This term includes:
    (i) Assessment of leisure activities.
    (ii) Therapeutic recreational activities.
    (iii) Recreational programs in schools and community agencies.
    (iv) Leisure education.
    (10) School health services. Services provided, pursuant to an IEP, 
by a qualified school health nurse, or other qualified person, that are 
required for a preschool child or child with a disability to benefit 
from special education.
    (11) Social work counseling services in schools. This term includes:
    (i) Preparing a social and developmental history on a preschool 
child or child identified as having a disability.
    (ii) Counseling the preschool child or child with a disability and 
his or her family on a group or individual basis, pursuant to an IEP.
    (iii) Working with problems in a preschool child's or child's living 
situation (home, school, and community) that adversely affect his or her 
adjustment in school.
    (iv) Using school and community resources to enable the preschool 
child or child to receive maximum benefit from his or her educational 
program.
    (12) Speech pathology. This term includes the:
    (i) Identification of preschool children and children with speech or 
language disorders.
    (ii) Diagnosis and appraisal of specific speech or language 
disorders.
    (iii) Referral for medical or other professional attention to 
correct or ameliorate speech or language disorders.
    (iv) Provision of speech and language services for the correction, 
amelioration, and prevention of communicative disorders.
    (v) Counseling and guidance of preschool children, children, 
parents, and teachers regarding speech and language disorders.
    (13) Transportation. This term includes transporting the individual 
with a disability and, when necessary, an attendant or family member or 
reimbursing the cost of travel ((e.g., mileage, or travel by taxi, 
common carrier or other means) and related costs (e.g., tolls and 
parking expenses)) when such travel is necessary to enable a preschool 
child or child to receive special education (including related services) 
or an infant or toddler and the infant's or toddler's family to receive 
early intervention services. Transportation services include:
    (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 from school to a medically related service site and 
return.
    (iii) Travel in and around school buildings.
    (iv) Travel to and from early intervention services.
    (v) Specialized equipment (including special or adapted buses, 
lifts, and ramps) if required to provide special transportation for an 
individual with a disability.
    (vi) If necessary, attendants assigned to vehicles transporting an 
individual with a disability when that individual requires assistance to 
be safely transported.
    (ss) Section 6 School Arrangement. The schools (pre-kindergarten 
through grade 12) operated by the Department of Defense within the 
CONUS, Alaska, Hawaii, Puerto Rico, Wake Island, Guam, American Samoa, 
the Northern Mariana Islands, and the Virgin Islands. Section 6 School 
Arrangements are operated under DoD Directive 1342.21.\4\
---------------------------------------------------------------------------

    \4\ See footnote 1 to Sec.  80.1(c).
---------------------------------------------------------------------------

    (tt) Separate facility. A school or a portion of a school, 
regardless of whether it is used by the Section 6 School Arrangement, 
that is only attended by children with disabilities.
    (uu) Serious emotional disturbance. The term includes:
    (1) A condition that has been confirmed by clinical evaluation and 
diagnosis and that, over a long period of time and to a marked degree, 
adversely affects educational performance and that exhibits one or more 
of the following characteristics:
    (i) An inability to learn that cannot be explained by intellectual, 
sensory, or health factors.

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    (ii) An inability to build or maintain satisfactory interpersonal 
relationships with peers and teachers.
    (iii) Inappropriate types of behavior under normal circumstances.
    (iv) A tendency to develop physical symptoms or fears associated 
with personal or school problems.
    (v) A general, pervasive mood of unhappiness or depression.
    (2) Schizophrenia, but does not include children who are socially 
maladjusted, unless it is determined that they are otherwise seriously 
emotionally disturbed.
    (vv) Service provider. Any individual who provides services listed 
in an IEP or an IFSP.
    (ww) Social work services. This term includes:
    (1) Preparing a social or developmental history on an infant, 
toddler, preschool child or child with a disability.
    (2) Counseling with the infant, toddler, preschool child or child 
and family in a group or individual capacity.
    (3) Working with individuals with disabilities (0-21 inclusive) in 
the home school, and/or community environment to ameliorate those 
conditions that adversely affect development or educational performance.
    (4) Using school and community resources to enable the child to 
receive maximum benefit from his or her educational program or for the 
infant, toddler, and family to receive maximum benefit from early 
intervention services.
    (xx) Special education. Specially designed instruction, at no cost 
to the parent, to meet the unique needs of a preschool child or child 
with a disability, including instruction conducted in the classroom, in 
the home, in hospitals and institutions, and in other settings, and 
instruction in physical education. The term includes speech 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 
preschool child or child with a disability, and is considered ``special 
education'' rather than a ``related service.'' The 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.
    (1) At no cost. With regard to a preschool child or child eligible 
to attend Section 6 School Arrangements, specially designed instruction 
and related services are provided without charge, but incidental fees 
that are normally charged to nondisabled students, or their parents, as 
a part of the regular educational program may be imposed.
    (2) Physical education. The development of:
    (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.
    (3) Vocational education. This term 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.
    (yy) Special instruction. This term includes:
    (1) Designing learning environments and activities that promote the 
infant's, toddler's, preschool child's or child's acquisition of skills 
in a variety of developmental areas, including cognitive processes and 
social interaction.
    (2) Planning curriculum, including the planned interaction of 
personnel, materials, and time and space, that leads to achieving the 
outcomes in the infant's, toddler's, preschool child's or child's IEP or 
IFSP.
    (3) Providing families with information, skills, and support related 
to enhancing the skill development of the infant, toddler, or preschool 
child or child.
    (4) Working with the infant, toddler, preschool child, or child to 
enhance the infant's, toddler's, preschool child's or child's 
development and cognitive processes.
    (zz) Specific learning disability. A disorder in one or more of the 
basic psychological processes involved in understanding or in using 
spoken or written

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language that may manifest itself as an imperfect ability to listen, 
think, speak, read, write, spell, or do mathematical calculations. The 
term includes such conditions as perceptual disabilities, brain injury, 
minimal brain dysfunction, dyslexia, and developmental aphasia. The term 
does not include preschool children or children who have learning 
problems that are primarily the result of visual, hearing, or motor 
disabilities, mental retardation, emotional disturbance, or 
environmental, cultural, or economic differences.
    (aaa) 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 preschool child's or child's educational performance.
    (bbb) Superintendent. The chief official of a Section 6 School 
Arrangement responsible for the implementation of this part on his or 
her installation.
    (ccc) Transition services. A coordinated set of activities for a 
toddler that may be required to promote movement from early 
intervention, preschool, and other educational programs into different 
programs or educational settings. For a student 14 years of age and 
older, transition services are 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. The coordinated set of activities shall be based upon the 
individual student's needs, taking into account the student's 
preferences and interests, and shall include instruction, 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.
    (ddd) Traumatic brain injury. An injury to the brain caused by an 
external physical force or by an internal occurrence, such as stroke or 
aneurysm, resulting in total or partial functional disability or 
psychosocial maladjustment that adversely affects educational 
performance. The 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; and information processing and 
speech. The term does not include brain injuries that are congenital or 
degenerative or brain injuries that are induced by birth trauma.
    (eee) Vision services. Services necessary to ameliorate the effects 
of sensory impairment resulting from a loss of vision.
    (fff) Visual impairment. A sensory impairment including blindness 
that, even with correction, adversely affects a preschool child's or 
child's educational performance. The term includes both partially seeing 
and blind preschool children and children.