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  1. 1. § 300.7 34 CFR Ch. III (7–1–09 Edition) § 300.7 Charter school. (2) Who, by reason thereof, needs spe- cial education and related services. Charter school has the meaning given (c) Definitions of disability terms. The the term in section 5210(1) of the Ele- terms used in this definition of a child mentary and Secondary Education Act with a disability are defined as follows: of 1965, as amended, 20 U.S.C. 6301 et (1)(i) Autism means a developmental seq. (ESEA). disability significantly affecting verbal (Authority: 20 U.S.C. 7221i(1)) and nonverbal communication and so- cial interaction, generally evident be- § 300.8 Child with a disability. fore age three, that adversely affects a (a) General. (1) Child with a disability child’s educational performance. Other means a child evaluated in accordance characteristics often associated with with §§ 300.304 through 300.311 as having autism are engagement in repetitive mental retardation, a hearing impair- activities and stereotyped movements, ment (including deafness), a speech or resistance to environmental change or language impairment, a visual impair- change in daily routines, and unusual ment (including blindness), a serious responses to sensory experiences. emotional disturbance (referred to in (ii) Autism does not apply if a child’s this part as ‘‘emotional disturbance’’), educational performance is adversely an orthopedic impairment, autism, affected primarily because the child traumatic brain injury, an other health has an emotional disturbance, as de- impairment, a specific learning dis- fined in paragraph (c)(4) of this section. ability, deaf-blindness, or multiple dis- (iii) A child who manifests the char- abilities, and who, by reason thereof, acteristics of autism after age three needs special education and related could be identified as having autism if services. the criteria in paragraph (c)(1)(i) of (2)(i) Subject to paragraph (a)(2)(ii) of this section are satisfied. this section, if it is determined, (2) Deaf-blindness means concomitant through an appropriate evaluation hearing and visual impairments, the under §§ 300.304 through 300.311, that a combination of which causes such se- child has one of the disabilities identi- vere communication and other develop- fied in paragraph (a)(1) of this section, mental and educational needs that but only needs a related service and they cannot be accommodated in spe- not special education, the child is not a cial education programs solely for chil- child with a disability under this part. dren with deafness or children with (ii) If, consistent with § 300.39(a)(2), blindness. the related service required by the (3) Deafness means a hearing impair- child is considered special education ment that is so severe that the child is rather than a related service under impaired in processing linguistic infor- State standards, the child would be de- mation through hearing, with or with- termined to be a child with a disability out amplification, that adversely af- under paragraph (a)(1) of this section. fects a child’s educational perform- (b) Children aged three through nine ance. experiencing developmental delays. Child (4)(i) Emotional disturbance means a with a disability for children aged three condition exhibiting one or more of the through nine (or any subset of that age following characteristics over a long range, including ages three through period of time and to a marked degree five), may, subject to the conditions that adversely affects a child’s edu- described in § 300.111(b), include a cational performance: child— (A) An inability to learn that cannot (1) Who is experiencing develop- be explained by intellectual, sensory, mental delays, as defined by the State or health factors. and as measured by appropriate diag- (B) An inability to build or maintain nostic instruments and procedures, in satisfactory interpersonal relation- one or more of the following areas: ships with peers and teachers.CPrice-Sewell on DSK1DXX6B1PROD with CFR Physical development, cognitive devel- (C) Inappropriate types of behavior or opment, communication development, feelings under normal circumstances. social or emotional development, or (D) A general pervasive mood of un- adaptive development; and happiness or depression. 12 VerDate Nov<24>2008 12:50 Jul 29, 2009 Jkt 217134 PO 00000 Frm 00022 Fmt 8010 Sfmt 8010 Y:SGML217134.XXX 217134