1. (a)

   1. (1) In this subtitle the following words have the meanings indicated.
   2. (2) “Child with a disability” means a child who has been determined through appropriate assessment as having autism, deaf-blindness, hearing impairment, including deafness, emotional disability, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment, including blindness, and who because of that impairment needs special education and related services.

   3. (3) “Free appropriate public education” means special education and related services that:

      1. (i) Are provided at public expense, under public supervision and direction, at no cost to the parents;
      2. (ii) Meet the standards of the State Board regulations and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
      3. (iii) Includes preschool, elementary, and secondary education; and
      4. (iv) Are provided in conformance with the requirements of the child's individualized education program.

   4. (4)

      1. (i) “Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education.
      2. (ii) “Related services” includes the early identification and assessment of disabling conditions in children.
      3. (iii) “Related services” does not include a surgically implanted medical device or the replacement of the device.

   5. (5) “Special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including:

      1. (i) Instruction in the classroom, in the home, in hospitals and institutions, and in other settings; and
      2. (ii) Instruction in physical education.
2. (b) In this subtitle the domicile of a child with a disability is the county in which the parent or guardian who has legal custody of the child is domiciled.

Added by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1978, c. 932; Acts 1980, c. 835; Acts 1985, c. 10, § 3; Acts 1998, c. 726, § 1, eff. July 1, 1998; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2006, c. 233, § 1, eff. July 1, 2006; Acts 2007, c. 229, § 1, eff. Oct. 1, 2007; Acts 2009, c. 119, § 1, eff. Oct. 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2010, c. 248, § 1, eff. Oct. 1, 2010; Acts 2010, c. 249, § 1, eff. Oct. 1, 2010; Acts 2026, c. 153, § 1, eff. April 14, 2026.

Formerly Art. 77, § 106D.