P.L. 91–230, Approved April 13, 1970 (84 Stat. 191)

SHORT TITLE: STATEMENT OF FINDINGS AND PURPOSE

Sec. 601. [20 U.S.C. 1400] (a)  This title may be cited as the “Individuals with Disabilities Education Act”.

DEFINITIONS

Sec. 602. [20 U.S.C. 1401] 

(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 (referred to in this title 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

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

(26)  Related services.—

(A)  In general.—The term “related services” means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation 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 children.

(B)  Exception.—The term does not include a medical device that is surgically implanted, or the replacement of such device.

(29)  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

(B)  instruction in physical education.

Sec. 612. [20 U.S.C. 1412] 

(e)  Assistance Under Other Federal Programs.—Nothing in this title permits a State to reduce medical and other assistance available, or to alter eligibility, under titles V and XIX of the Social Security Act with respect to the provisions of a free appropriate public education for children with disabilities in the State.