DEFINITIONS.

SEC. 101. DEFINITIONS. (a) Handicapped Children.— Section 602(a)(1) (20 U.S.C. 1401(a)(1)) is amended to read as follows: “(1) The term ‘children with disabilities’ means children— “(A) with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and “(B) who, by reason thereof need special education and related services.”. (b) Special Education.— Section 602(a)(16) (20 U.S.C. 1401(a)(16)) is amended by striking “including classroom instruction” and all that follows and inserting the following: “including— “(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and “(B) instruction in physical education.”. (c) Related Services.— Section 602(a)(17) (20 U.S.C. 1401(a)(17)) is amended— (1) by striking “recreation,” and inserting “recreation, including therapeutic recreation and social work services,”; and (2) by inserting “, including rehabilitation counseling,” after “counseling services,”. (d) Transition Services.—Section 602(a) (20 U.S.C. 1401(a)) is amended by redesignating paragraphs (19) through (23) as paragraphs (20) through (24), respectively, and by inserting after paragraph (18) the following new paragraph: “(19) The term ‘transition services’ means a coordinated set of activities for a student, designed within an outcome-oriented process, which promotes movement from school to post-school104 STAT. 1104 activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student’s needs, taking into account the student’s preferences and interests, and shall include instruction, 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.”. (e) Individualized Education Program.— Section 602(a)(20), as redesignated by subsection (d) of this section, is amended— (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: “(D) a statement of the needed transition services for students beginning no later than age 16 and annually thereafter (and, when determined appropriate for the individual, beginning at age 14 or younger), including, when appropriate, a statement of the interagency reponsibilities or linkages (or both) before the student leaves the school setting,”, and (2) by inserting after subparagraph (F) (as so redesignated) the following: “In the case where a participating agency, other than the educational agency, fails to provide agreed upon services, the educational agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives.”. (f) Public or Private Nonprofit Agency or Organization.—Section 602(a)(24)(A), as redesignated by subsection (d) of this section, is amended by inserting before the period the following: “and the Bureau of Indian Affairs of the Department of the Interior (when acting on behalf of schools operated by the Bureau for children and students on Indian reservations) and tribally controlled schools funded by the Department of the Interior”. (g) Assistive Technology Device.—Section 602(a), as amended by subsection (d) of this section, is amended by adding at the end the following new paragraph: “(25) The term ‘assistive technology device’ means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.”. (h) Assistive Technology Service.—Section 602(a), as amended by subsection (g) of this section, is amended by adding at the end the following new paragraph: “(26) The term ‘assistive technology service’ means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— “(A) the evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual’s customary environment; “(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; 104 STAT. 1105 “(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices; “(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; “(E) training or technical assistance for an individual with disabilities, or, where appropriate, the family of an individual with disabilities; and “(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.”. (i) Underrepresented.—Section 602(a), as amended by subsection (h) of this section, is amended by adding at the end the following new paragraph: “(27) The term ‘underrepresented’ means populations such as minorities, the poor, the limited English proficient, and individuals with disabilities.”.