---
kind: "section"
citation: "34 C.F.R. § 397.5"
title: "34"
number: "397.5"
heading: "What definitions apply?"
url: "https://uscodex.org/cfr/34/397.5"
---

# §397.5. What definitions apply?

- (a) The following terms have the meanings given to them in [34 CFR 361.5(c)](/cfr/34/361.5.md?p=c):
  - (1) Act;
  - (2) Competitive integrated employment;
  - (3) Customized employment;
  - (4) Designated State unit;
  - (5) Extended services;
  - (6) Individual with a disability;
  - (7) Individual with a most significant disability;
  - (8) Individual's representative;
  - (9) Individualized plan for employment;
  - (10) Pre-employment transition services;
  - (11) Student with a disability;
  - (12) Supported employment;
  - (13) Vocational rehabilitation services; and
  - (14) **Youth with a disability.**
- (b) **The following terms have the meanings given to them in 34 CFR part 300—**
  - (1) Local educational agency ([§ 300.28](/cfr/34/300.28.md));
  - (2) State educational agency ([§ 300.41](/cfr/34/300.41.md)); and
  - (3) Transition services ([§ 300.43](/cfr/34/300.43.md)).
- (c) The following terms have the meanings given to them in [29 CFR 525.3](/cfr/29/525.3.md) and section 6(a)(1) of the Fair Labor Standards Act ([29 U.S.C. 206(a)(1)](/usc/29/206.md?p=a-1)):
  - (1) **Federal minimum wage—** has the meaning given to that term in section 6(a)(1) of the Fair Labor Standards Act ([29 U.S.C. 206(a)(1)](/usc/29/206.md?p=a-1)); and
  - (2) Special wage certificate means a certificate issued to an employer under section 14(c) of the Fair Labor Standards Act ([29 U.S.C. 214(c)](/usc/29/214.md?p=c)) and [29 CFR part 525](/cfr/29/part525.md) that authorizes payment of subminimum wages, wages less than the statutory minimum wage.
- (d) Entity means an employer, or a contractor or subcontractor of that employer, that holds a special wage certificate described in section 14(c) of the Fair Labor Standards Act ([29 U.S.C. 214(c)](/usc/29/214.md?p=c)).

## Notes

### Authority

Authority: Section 511 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 794g, unless otherwise noted.

### Source

Source: 81 FR 55785, Aug. 19, 2016, unless otherwise noted.