Page:United States Statutes at Large Volume 118.djvu/2688

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118 STAT. 2658 PUBLIC LAW 108–446—DEC. 3, 2004 language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. ‘‘(B) DISORDERS INCLUDED.—Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. ‘‘(C) DISORDERS NOT INCLUDED.—Such term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retarda tion, of emotional disturbance, or of environmental, cul tural, or economic disadvantage. ‘‘(31) STATE.—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. ‘‘(32) STATE EDUCATIONAL AGENCY.—The term ‘State edu cational agency’ means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. ‘‘(33) SUPPLEMENTARY AIDS AND SERVICES.—The term ‘supplementary aids and services’ means aids, services, and other supports that are provided in regular education classes or other education related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with section 612(a)(5). ‘‘(34) TRANSITION SERVICES.—The term ‘transition services’ means a coordinated set of activities for a child with a disability that— ‘‘(A) is designed to be within a results oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post school activities, including post secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; ‘‘(B) is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and ‘‘(C) includes instruction, related services, community experiences, the development of employment and other post school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. ‘‘(35) UNIVERSAL DESIGN.—The term ‘universal design’ has the meaning given the term in section 3 of the Assistive Tech nology Act of 1998 (29 U.S.C. 3002). ‘‘(36) WARD OF THE STATE.— ‘‘(A) IN GENERAL.—The term ‘ward of the State’ means a child who, as determined by the State where the child resides, is a foster child, is a ward of the State, or is in the custody of a public child welfare agency. ‘‘(B) EXCEPTION.—The term does not include a foster child who has a foster parent who meets the definition of a parent in paragraph (23).