`SEC. 602. DEFINITIONS.

`Except as otherwise provided, as used in this Act:

``(2) Assistive technology service._The term `assistive technology service' means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes_

``(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment;

``(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;

``(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

``(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

``(E) training or technical assistance for such child, or, where appropriate, the family of such child; and

`(2) ASSISTIVE TECHNOLOGY SERVICE- The term `assistive technology service' means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes--

`(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment;

`(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;

`(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

`(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

`(E) training or technical assistance for such child, or, where appropriate, the family of such child; and

(2) ASSISTIVE TECHNOLOGY SERVICE- The term 'assistive technology service' means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes --

(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment;

(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;

(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(E) training or technical assistance for such child, or, where appropriate, the family of such child; and

``(3) Child with a disability._

``(A) In general._The term `child with a disability' means a child_

``(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as `emotional disturbance'), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

``(ii) who, by reason thereof, needs special education and related services.

``(B) Child aged 3 through 9._The term `child with a disability' for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child_

``(i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

`(3) CHILD WITH A DISABILITY-

`(A) IN GENERAL- The term `child with a disability' means a child--

`(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as `emotional disturbance'), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

`(ii) who, by reason thereof, needs special education and related services.

`(B) CHILD AGED 3 THROUGH 9- The term `child with a disability' for a child aged 3 through 9 or any subset of that age range, including ages 3 through 5, may, at the discretion of the State and the local educational agency, include a child--

`(i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(3) CHILD WITH A DISABILITY-

(A) IN GENERAL- The term 'child with a disability' means a child --

(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as emotional disturbance'), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

(ii) who, by reason thereof, needs special education and related services.

(B) CHILD AGED 3 THROUGH 9- The term 'child with a disability' for a child aged 3 through 9 may, at the discretion of the State and the local educational agency, include a child --

(i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

``(5) Educational service agency._The term `educational service agency'_

``(A) means a regional public multiservice agency_

``(i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and

``(ii) recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State; and

`(4) EDUCATIONAL SERVICE AGENCY- The term `educational service agency'--

`(A) means a regional public multiservice agency--

`(i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and

`(ii) recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary and secondary schools of the State; and

(4) EDUCATIONAL SERVICE AGENCY- The term 'educational service agency' --

(A) means a regional public multiservice agency --

(i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and

(ii) recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary and secondary schools of the State; and

``(7) Equipment._The term `equipment' includes_

``(A) machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and

`(6) EQUIPMENT- The term `equipment' includes--

`(A) machinery, utilities, and built-in equipment and any necessary enclosures or structures to house such machinery, utilities, or equipment; and

(6) EQUIPMENT- The term 'equipment' includes --

(A) machinery, utilities, and built-in equipment and any necessary enclosures or structures to house such machinery, utilities, or equipment; and

``(8) Excess costs._The term `excess costs' means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school student, as may be appropriate, and which shall be computed after deducting_

``(A) amounts received_

``(i) under part B of this title;

``(ii) under part A of title I of the Elementary and Secondary Education Act of 1965; and

``(iii) under parts A and B of title III of that Act; and

`(7) EXCESS COSTS- The term `excess costs' means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary or secondary school student, as may be appropriate, and which shall be computed after deducting--

`(A) amounts received--

`(i) under part B of this title;

`(ii) under part A of title I of the Elementary and Secondary Education Act of 1965; and

`(iii) under title III of that Act; and

(7) EXCESS COSTS- The term 'excess costs' means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary or secondary school student, as may be appropriate, and which shall be computed after deducting --

(A) amounts received --

(ii) under part A of title I of the Elementary and Secondary Education Act of 1965; or

(iii) under part A of title VII of that Act; and

``(9) Free appropriate public education._The term `free appropriate public education' means special education and related services that_

``(A) have been provided at public expense, under public supervision and direction, and without charge;

``(B) meet the standards of the State educational agency;

``(C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and

`(8) FREE APPROPRIATE PUBLIC EDUCATION- The term `free appropriate public education' means special education and related services that--

`(A) have been provided at public expense, under public supervision and direction, and without charge;

`(B) meet the standards of the State educational agency;

`(C) include an appropriate preschool, elementary, or secondary school education in the State involved that is reasonably calculated to provide educational benefit to enable the child with a disability to access the general curriculum; and

(8) FREE APPROPRIATE PUBLIC EDUCATION- The term 'free appropriate public education' means special education and related services that --

(A) have been provided at public expense, under public supervision and direction, and without charge;

(B) meet the standards of the State educational agency;

(C) include an appropriate preschool, elementary, or secondary school education in the State involved; and

``(10) Highly qualified; consultative services._

``(A) Highly qualified._The term `highly qualified', when used with respect to any special education teacher teaching in a State, means a teacher who_

``(i)(I) meets the definition of that term in section 9101(23) of the Elementary and Secondary Education Act of 1965, including full State certification as a special education teacher through a State approved special education teacher preparation program (including certification obtained through State or local educational agency approved alternative routes); or

``(II) has passed a State special education licensing examination and holds a license to teach special education in such State,

except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State's statute on public charter schools; and

``(ii) does not have certification or licensure requirements waived on an emergency, temporary, or provisional basis;

``(iii) if the teacher provides only consultative services to a regular education teacher with respect to a core academic subject, the special education teacher shall meet the standards for subject knowledge and teaching skills described in section 9101(23) of the Elementary and Secondary Education Act of 1965 that apply to elementary school teachers; and

``(iv) if the teacher provides instruction in a core academic subject to middle or secondary students who are performing at the elementary level, the teacher shall meet the standards for subject knowledge and teaching skills described in section 9101(23) of the Elementary and Secondary Education Act of 1965 that apply to elementary school teachers.

``(B) Consultative services._As used in subparagraph (A)(iii), the term `consultative services' means_

``(i) consultation on adapting curricula, using positive behavioral supports and interventions, and selecting appropriate accommodations, and does not include direct instruction of students; or

``(11) Indian._The term `Indian' means an individual who is a member of an Indian tribe.

`(10) INDIAN- The term `Indian' means an individual who is a member of an Indian tribe.

(9) INDIAN- The term 'Indian' means an individual who is a member of an Indian tribe.

``(13) Individualized education program._The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 614(d).

``(14) Individualized family service plan._The term `individualized family service plan' has the meaning given such term in section 636.

`(12) INDIVIDUALIZED EDUCATION PROGRAM- The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 614(d).

`(13) INDIVIDUALIZED FAMILY SERVICE PLAN- The term `individualized family service plan' has the meaning given such term in section 636.

``(16) Institution of higher education._The term `institution of higher education'_

``(A) has the meaning given such term in section 101 (a) and (b) of the Higher Education Act of 1965; and

`(15) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education'--

`(A) has the meaning given that term in subsection (a) or (b) of section 101 of the Higher Education Act of 1965; and

(14) INSTITUTION OF HIGHER EDUCATION- The term 'institution of higher education' --

(A) has the meaning given that term in section 1201(a) of the Higher Education Act of 1965; and

``(17) Local educational agency._

``(A) The term `local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.

``(B) The term includes_

``(i) an educational service agency, as defined in paragraph (4); and

``(ii) any other public institution or agency having administrative control and direction of a public elementary school or secondary school.

`(16) LOCAL EDUCATIONAL AGENCY-

`(A) The term `local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools.

`(B) The term includes--

`(i) an educational service agency, as defined in paragraph (4); and

`(ii) any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(15) LOCAL EDUCATIONAL AGENCY-

(A) The term 'local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools.

(B) The term includes --

(ii) any other public institution or agency having administrative control and direction of a public elementary or secondary school.

``(18) Native language._The term `native language', when used with respect to an individual of limited English proficiency, means the language normally used by the individual, or in the case of a child, the language normally used by the parents of the child.

``(19) Nonprofit._The term `nonprofit', as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by 1 or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

`(17) NATIVE LANGUAGE- The term `native language', when used with reference to an individual of limited English proficiency, means the language normally used by the individual, or, in the case of a child, the language normally used by the parents of the child.

`(18) NONPROFIT- The term `nonprofit', as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(16) NATIVE LANGUAGE- The term 'native language', when used with reference to an individual of limited English proficiency, means the language normally used by the individual, or in the case of a child, the language normally used by the parents of the child.

(17) NONPROFIT- The term 'nonprofit', as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

``(21) Parent._The term `parent'_

``(A) includes a legal guardian; and

``(B) except as used in sections 615(b)(2) and 639(a)(5), includes an individual assigned under either of those sections to be a surrogate parent.

``(22) Parent organization._The term `parent organization' has the meaning given such term in section 671(g).

`(20) PARENT- The term `parent'--

`(A) includes a legal guardian; and

`(B) except as used in sections 615(b)(2) and 639(a)(5), includes an individual assigned under either of those sections to be a surrogate parent.

`(21) PARENT ORGANIZATION- The term `parent organization' has the meaning given that term in section 672(g).

(19) PARENT- The term 'parent' --

(A) includes a legal guardian; and

``(25) Secondary school._The term `secondary school' means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.

`(24) SECONDARY SCHOOL- The term `secondary school' means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.

(23) SECONDARY SCHOOL- The term 'secondary school' means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.

``(27) Special education._The term `special education' means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including_

``(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

`(26) SPECIAL EDUCATION- The term `special education' means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including--

`(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(25) SPECIAL EDUCATION- The term 'special education' means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including --

(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

``(28) Specific learning disability._

``(A) In general._The term `specific learning disability' means a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.

``(B) Disorders included._Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

`(27) SPECIFIC LEARNING DISABILITY-

`(A) IN GENERAL- The term `specific learning disability' means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.

`(B) DISORDERS INCLUDED- Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

(26) SPECIFIC LEARNING DISABILITY-

(A) IN GENERAL- The term 'specific learning disability' means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.

(B) DISORDERS INCLUDED- Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

``(29) State._The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

``(30) State educational agency._The term `State educational agency' means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

`(28) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

`(29) STATE EDUCATIONAL AGENCY- The term `State educational agency' means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(27) STATE- The term 'State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

(28) STATE EDUCATIONAL AGENCY- The term 'State educational agency' means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

``(32) Transition services._The term `transition services' means a coordinated set of activities for a child with a disability (as defined in paragraph (3)(A)) that_

``(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's 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;

``(B) is based on the individual child's needs, taking into account the child's capacity, preferences, and interests; and

`(31) TRANSITION SERVICES- The term `transition services' means a coordinated set of activities for a child with a disability that--

`(A) is designed within a results-oriented process, that is focused on improving the academic and developmental achievement of the child with a disability to facilitate the child's move 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;

`(B) is based upon the individual child's needs, taking into account the child's skills, preferences, and interests; and

(30) TRANSITION SERVICES- The term 'transition services' means a coordinated set of activities for a student with a disability that --

(A) is 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;

(B) is based upon the individual student's needs, taking into account the student's preferences and interests; and