Page:United States Statutes at Large Volume 111 Part 1.djvu/67

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PUBLIC LAW 105-17—JUNE 4, 1997 111 STAT. 43 "(A) IN GENERAL. — The term 'child with a disability' means a child— "(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as 'emotional disturbance'), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and "(ii) who, by reason thereof, needs special education and related services. "(B) CHILD AGED 3 THROUGH 9.— The term 'child with a disability' for a child aged 3 through 9 may, at the discretion of the State and the local educational agency, include a child— "(i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and "(ii) who, by reason thereof, needs special education and related services. "(4) EDUCATIONAL SERVICE AGENCY.— The term 'educational service agency'— "(A) means a regional public multiservice agency— "(i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and "(ii) recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary and secondary schools of the State; and "(B) includes any other public institution or agency having administrative control and direction over a public elementary or secondary school. "(5) ELEMENTARY SCHOOL.— The term 'elementary school' means a nonprofit institutional day or residential school that provides elementary education, as determined under State law. "(6) EQUIPMENT. — The term 'equipment' includes— "(A) machinery, utilities, and built-in equipment and any necessary enclosures or structures to house such machinery, utilities, or equipment; and "(B) all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published, and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials. "(7) EXCESS COSTS.— The term 'excess costs' means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary or secondary school student, as may be appropriate, and which shall be computed after deducting— "(A) amounts received—