34 C.F.R. § 300.39

Special education

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(a) General. (1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including—

(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(ii) Instruction in physical education.

(2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section—

(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;

(ii) Travel training; and

(iii) Vocational education.

(b) Individual special education terms defined. The terms in this definition are defined as follows:

(1) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.

(2) Physical education means—

(i) The development of—

(A) Physical and motor fitness;

(B) Fundamental motor skills and patterns; and

(ii) Includes special physical education, adapted physical education, movement education, and motor development.

(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—

(i) To address the unique needs of the child that result from the child's disability; and

(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

(4) Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to—

(i) Develop an awareness of the environment in which they live; and

(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

(5) Vocational education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

(Authority: 20 U.S.C. 1401(29))

Notes of Decisions

Cited in 47 cases (14 in the last 5 years), 2007–2025 · leading case: Connor Durbrow v. Cobb County School District

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Connor Durbrow v. Cobb County School District (2018) ca11 · cites it 3× “" 34 C.F.R. § 300.39 (b)(3)(ii). A student is therefore unlikely to need special education *1194 if, inter alia : (1) the student meets academic standards; (2) teachers do not recommend special education for the student; (3) the student does not exhibit unusual or alarming…”

Mr. I. Ex Rel. L.I. v. Maine School Administrative District No. 55 (2007) ca1 · cites it 2× “34 C.F.R. § 300.39 (b)(3) (2006). 18 As the district court noted, Maine law also contains its own definition of “special education”: “classroom, home, hospital, institutional or other instruction; educational diagnosis and evaluation; transportation and other supportive…”

L.J. ex rel. Hudson v. Pittsburg Unified School District (2016) ca9 · cites it 2× “34 C.F.R. § 300.39 (a)(1). “Specially designed instruction” is defined under the IDEA regulations: *1005 Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction— (i) To…”

A.M. v. New York City Department of Education (2017) ca2 · cites it 2× “Although the IDEA does not speak to methodology, see Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities, 71 Fed.”

M.H. v. New York City Department of Education (2012) ca2 “at 38 (quoting 34 C.F.R. § 300.39 (a)(1), although the quoted text is in § 300.”

Lexyington McIntyre v. Eugene School District 4j (2020) ca9 “See 34 C.F.R. § 300.39 (b)(3) (“Specially designed instruction means adapting .”

Lisa M. v. Leander Independent Sch Dist (2019) ca5 “" 34 C.F.R. § 300.39 (b)(3). *216 The IDEA defines the term "related services" to mean "transportation, and such developmental, corrective, and other supportive services (including .”

Q. C-C. v. District of Columbia (2016) dcd “designed to meet the unique needs of a child with a disability”); see also 34 C.F.R. § 300.39 (b)(3) (defining “specially designed instruction” without reference to certification); Leggett, 793 F.”

Jane Doe v. Knox Cnty. Bd. of Educ. (2023) ca6 · cites it 3× “]” 34 C.F.R. § 300.39 (b)(3). To be sure, the IDEA also allows parents to seek “related services” as part of their child’s “free appropriate public education.”

D.L. Ex Rel. J.L. v. Unified School District No. 497 (2010) ca10 “§ 1401 (29); 34 C.F.R. § 300.39 (b)(1). They argue that they “were forced to incur significant fees, expenses and costs .”

R.B. v. New York City Department of Education (2014) ca2 · cites it 2× “” 34 C.F.R. § 300.39 (b)(3); see also 20 U.”

H v. Riesel Indep Sch Dist (2021) ca5 · cites it 2× “See 34 C.F.R. § 300.39 (a)(1)(i) (“Special education means specially designed instruction .”

Show all 47 citing cases →

— 34 C.F.R. § 300.39(a)(1) — 1 case

George v. Davis School District (2023) utd

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