Sec.300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part. (2)(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under Sec. Sec.300.304 through 300.311 as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ``emotional disturbance''), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. (1) Child with a disability means a child evaluated in accordance with Sec. PART 300-ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES PART 300-ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES Sec.
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