118 STAT. 2653 PUBLIC LAW 108–446—DEC. 3, 2004 instruments and procedures, in 1 or more of the fol lowing areas: physical development; cognitive develop ment; communication development; social or emotional development; or adaptive development; and ‘‘(ii) who, by reason thereof, needs special edu cation and related services. ‘‘(4) CORE ACADEMIC SUBJECTS.—The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ‘‘(5) 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 schools and secondary schools of the State; and ‘‘(B) includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school. ‘‘(6) ELEMENTARY SCHOOL.—The term ‘elementary school’ means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. ‘‘(7) 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 edu cational 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. ‘‘(8) 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 school or secondary school stu dent, as may be appropriate, and which shall be computed after deducting— ‘‘(A) amounts received— ‘‘(i) under part B; ‘‘(ii) under part A of title I of the Elementary and Secondary Education Act of 1965; and ‘‘(iii) under parts A and B of title III of that Act; and ‘‘(B) any State or local funds expended for programs that would qualify for assistance under any of those parts. ‘‘(9) FREE APPROPRIATE PUBLIC EDUCATION.—The term ‘free appropriate public education’ means special education and related services that— ‘‘(A) have been provided at public expense, under public supervision and direction, and without charge;
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