§ 300.39 Special education.

Plain English summary

This section defines 'special education' as specially designed instruction provided at no cost to parents to meet the unique needs of a child with a disability, delivered across various settings including classrooms, homes, hospitals, and institutions. It establishes that special education includes physical education, and may include speech-language pathology services, travel training, and vocational education if they meet the core definition. The section further defines key component terms such as 'specially designed instruction,' 'at no cost,' 'physical education,' 'travel training,' and 'vocational education.'

Key requirements

• Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.
• Special education includes instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings.
• Special education includes instruction in physical education.
• Special education includes speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards.
• Special education includes travel training and vocational education if those services meet the requirements of paragraph (a)(1).
• At no cost 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.
• Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child's disability and to ensure access of the child to the general curriculum.
• Travel training means providing instruction to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live and learn the skills necessary to move effectively and safely from place to place.
• Vocational education 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.

Affected parties

• children with disabilities
• parents of children with disabilities
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• public agencies
• special education teachers and service providers
• IEP teams

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.39