§300.39. Special education. — Inbound Citations

In addition to the terms referenced or defined in § 222.2, the following definitions apply to this subpart:

(1) Special education under § 300.39;

(1) Include the alternative placements listed in the definition of special education under § 300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

(ii) If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.