<?xml version="1.0"?>
<?xml-stylesheet type="text/xsl" href="cfr.xsl"?>
<CFRGRANULE xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="CFRMergedXML.xsd">
  <FDSYS>
    <CFRTITLE>34</CFRTITLE>
    <CFRTITLETEXT>Education</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2007-07-01</DATE>
    <ORIGINALDATE>2007-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Special education.</TITLE>
    <GRANULENUM>300.39</GRANULENUM>
    <HEADING>Section 300.39</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 34" SEQ="5">Education</PARENT>
      <PARENT HEADING="Subtitle B" SEQ="4">Regulations of the Offices of the Department of Education (Continued)</PARENT>
      <PARENT HEADING="CHAPTER III" SEQ="3">OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION</PARENT>
      <PARENT HEADING="PART 300" SEQ="2">ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES</PARENT>
      <PARENT HEADING="Subpart A" SEQ="1">General</PARENT>
      <PARENT HEADING="" SEQ="0">Definitions Used in This Part</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 300.39</SECTNO>
    <SUBJECT>Special education.</SUBJECT>
    <P>(a) <E T="03">General.</E> (1) <E T="03">Special education</E> means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including—</P>
    <P>(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and</P>
    <P>(ii) Instruction in physical education.<PRTPAGE P="22"/>
    </P>
    <P>(2) <E T="03">Special education</E> includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section—</P>
    <P>(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;</P>
    <P>(ii) Travel training; and</P>
    <P>(iii) Vocational education.</P>
    <P>(b) <E T="03">Individual special education terms defined.</E> The terms in this definition are defined as follows:</P>
    <P>(1) <E T="03">At no cost</E> means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.</P>
    <P>(2) <E T="03">Physical education</E> means—</P>
    <P>(i) The development of—</P>
    <P>(A) Physical and motor fitness;</P>
    <P>(B) Fundamental motor skills and patterns; and</P>
    <P>(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and</P>
    <P>(ii) Includes special physical education, adapted physical education, movement education, and motor development.</P>
    <P>(3) <E T="03">Specially designed instruction</E> means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—</P>
    <P>(i) To address the unique needs of the child that result from the child's disability; and</P>
    <P>(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.</P>
    <P>(4) <E T="03">Travel training</E> means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to—</P>
    <P>(i) Develop an awareness of the environment in which they live; and</P>
    <P>(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).</P>
    <P>(5) <E T="03">Vocational education</E> 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 not requiring a baccalaureate or advanced degree.</P>
    <SECAUTH>(Authority: 20 U.S.C. 1401(29))</SECAUTH>
  </SECTION>
</CFRGRANULE>
