As used in this part:
(a) The term ACYF means the Administration on Children, Youth and Families,
Administration for Children and Families, U.S. Department of Health and
Human Services, and includes appropriate Regional Office staff.
(b) The term children with disabilities means
children 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 who,
by reason thereof, need special education and related services. The term
children with disabilities
for children aged 3 to 5, inclusive, may, at a State's
discretion, include children 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 who, by reason thereof, need
special education and related services.
(c) The term Commissioner means the Commissioner of the Administration on
Children, Youth and Families.
(d) The term day means a calendar day.
(e) The term delegate agency means a public or private non-profit agency to
which a grantee has delegated the responsibility for operating all or part of
its Head Start program.
(f) The term disabilities coordinator means the person on the Head Start
staff designated to manage on a full or part-time basis the services for
children with disabilities described in part 1308.
(g) The term eligibility criteria means the criteria for determining that
a child enrolled in Head Start requires special education and related
services because of a disability.
(h) The term grantee means the public or private non-profit agency which
has been granted financial assistance by ACYF to administer a Head Start
program.
(i) The term individualized education program
(IEP) means a written
statement for a child with disabilities, developed by the public agency
responsible for providing free appropriate public education to a child, and
contains the special education and related services to be provided to an
individual child.
(j) The term least restrictive environment means an environment in which
services to children with disabilities are provided:
(1) to the maximum extent appropriate, with children who are not disabled
and in which;
(2) special classes or other removal of children with disabilities from
the regular educational environment occurs only when the nature or severity
of the disability is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily.
(k) The term Performance Standards means the Head Start program
functions, activities and facilities required and necessary to meet the
objectives and goals of the Head Start program as they relate directly to
children and their families.
(l) The term related services means transportation and such developmental,
corrective, and other supportive services as are required to assist a child
with a disability to benefit from special education, and includes speech
pathology and audiology, psychological services, physical and occupational
therapy, recreation, including therapeutic recreation, early identification
and assessment of disabilities in children, counseling services, including
rehabilitation counseling, and medical services for diagnostic or evaluation
purposes. The term also includes school health services, social work services,
and parent counseling and training. It includes other developmental,
corrective or supportive services if they are required to assist a child
with a disability to benefit from special education, including assistive
technology services and devices.
(1) The term assistive technology device means any item, piece of
equipment, or product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
(2) The term assistive technology service means any service that directly
assists an individual with a disability in the selection, acquisition, or
use of an assistive technology device. The term includes: The evaluation of
the needs of an individual with a disability; purchasing, leasing, or
otherwise providing for the acquisition of assistive technology devices by
individuals with disabilities; selecting, designing, fitting, customizing,
adapting, applying, maintaining, repairing, or replacing of assistive
technology devices; coordinating and using other therapies, interventions,
or services with assistive technology devices, such as those associated
with existing education and rehabilitation plans and programs; training or
technical assistance for an individual with disabilities, or, where
appropriate, the family of an individual with disabilities; and training or
technical assistance to professionals who employ or provide services
involved in the major life functions of individuals with
disabilities.
(m) The term responsible HHS official means the official who is
authorized to make the grant of assistance in question or his or her
designee.
(n) The term special education means specially designed instruction, at no
cost to parents or guardians, to meet the unique needs of a child with a
disability. These services include classroom or home-based instruction,
instruction in hospitals and institutions, and specially designed physical
education if necessary.