§ 309.5 - What definitions apply to this program?

(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1:

(b) Definitions in 34 CFR part 300. The following terms used in this part are defined in 34 CFR part 300. The section of part 300 that contains the definition is given in parentheses:

(c) Other definitions. The following definitions also apply to this part.

Act. As used in this part, Act means the Individuals with Disabilities Education Act.

Children with disabilities. (1) As used in this part, children with disabilities means those children from birth through age eight—

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

(ii) Who, because of those impairments, need special education and related services.

(2) The term includes infants and toddlers, birth through age two, who need early intervention services because they—

(i) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Cognitive development, physical development including vision and hearing, language and speech development, psychosocial development, or self-help skills, or

(ii) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(3) The term also includes individuals from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.

(4) For children aged three to five, inclusive, the term may, at a State's discretion, include children—

(i) Who are 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

(ii) Who, for that reason, need special education and related services.