[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR674.51]

[Page 613-615]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 674--FEDERAL PERKINS LOAN PROGRAM--Table of Contents
 
                      Subpart D--Loan Cancellation
 
Sec. 674.51  Special definitions.

    Source: 52 FR 45758, Dec. 1, 1987, unless otherwise noted.


    The following definitions apply to this subpart:
    (a) Academic year or its equivalent for elementary and secondary 
schools and special education: (1) One complete school year, or two half 
years from different school years, excluding summer sessions, that are 
complete and consecutive and generally fall within a 12-month period.
    (2) If such a school has a year-round program of instruction, the 
Secretary considers a minimum of nine consecutive months to be the 
equivalent of an academic year.
    (b) Academic year or its equivalent for institutions of higher 
education: A period of time in which a full-time student is expected to 
complete--
    (1) The equivalent of 2 semesters, 2 trimesters, or 3 quarters at an 
institution using credit hours; or
    (2) At least 900 clock hours of training for each program at an 
institution using clock hours.

[[Page 614]]

    (c) Title I Children: Children of ages 5 through 17 who are counted 
under section 1124(c)(1) of the Elementary and Secondary Education Act 
of 1965, as amended.
    (d) Children and youth with disabilities: Children and youth from 
ages 3 through 21, inclusive, who require special education and related 
services because they have disabilities as defined in section 602(a)(1) 
of the Individuals with Disabilities Education Act.
    (e) Early intervention services: Those services defined in section 
672(2) of the Individuals with Disabilities Education Act that are 
provided to infants and toddlers with disabilities.
    (f) Elementary school: A school that provides elementary education, 
including education below grade 1, as determined by--
    (1) State law; or
    (2) The Secretary, if the school is not in a State.
    (g) Handicapped children: Children of ages 3 through 21 inclusive 
who require special education and related services because they are--
    (1) Mentally retarded;
    (2) Hard of hearing;
    (3) Deaf;
    (4) Speech and language impaired;
    (5) Visually handicapped;
    (6) Seriously emotionally disturbed;
    (7) Orthopedically impaired;
    (8) Specific learning disabled; or
    (9) Otherwise health impaired.
    (h) High-risk children: Individuals under the age of 21 who are low-
income or at risk of abuse or neglect, have been abused or neglected, 
have serious emotional, mental, or behavioral disturbances, reside in 
placements outside their homes, or are involved in the juvenile justice 
system.
    (i) Infants and toddlers with disabilities: Infants and toddlers 
from birth to age 2, inclusive, who need early intervention services for 
specified reasons, as defined in section 672(1) of the Individuals with 
Disabilities Education Act.
    (j) Local educational agency: (1) A public board of education or 
other public authority legally constituted within a State to administer, 
direct, or perform a service function for public elementary or secondary 
schools in a city, county, township, school district, other political 
subdivision of a State; or such combination of school districts of 
counties as are recognized in a State as an administrative agency for 
its public elementary or secondary schools.
    (2) Any other public institution or agency having administrative 
control and direction of a public elementary or secondary school.
    (k) Low-income communities: Communities in which there is a high 
concentration of children eligible to be counted under title I of the 
Elementary and Secondary Education Act of 1965, as amended.
    (l) Medical technician: An allied health professional (working in 
fields such as therapy, dental hygiene, medical technology, or 
nutrition) who is certified, registered, or licensed by the appropriate 
State agency in the State in which he or she provides health care 
services. An allied health professional is someone who assists, 
facilitates, or complements the work of physicians and other specialists 
in the health care system.
    (m) Nurse: A licensed practical nurse, a registered nurse, or other 
individual who is licensed by the appropriate State agency to provide 
nursing services.
    (n) Qualified professional provider of early intervention services: 
A provider of services as defined in section 672(2) of the Individuals 
with Disabilities Education Act.
    (o) Secondary school: (1) A school that provides secondary 
education, as determined by--
    (i) State law; or
    (ii) The Secretary, if the school is not in a State.
    (2) However, State laws notwithstanding, secondary education does 
not include any education beyond grade 12.
    (p) State education agency: (1) The State board of education; or
    (2) An agency or official designated by the Governor or by State law 
as being primarily responsible for the State supervision of public 
elementary and secondary schools.
    (q) Teacher: (1) A teacher is a person who provides--
    (i) Direct classroom teaching;
    (ii) Classroom-type teaching in a non-classroom setting; or

[[Page 615]]

    (iii) Educational services to students directly related to classroom 
teaching such as school librarians or school guidance counselors.
    (2) A supervisor, administrator, researcher, or curriculum 
specialist is not a teacher unless he or she primarily provides direct 
and personal educational services to students.
    (3) An individual who provides one of the following services does 
not qualify as a teacher unless that individual is licensed, certified, 
or registered by the appropriate State education agency for that area in 
which he or she is providing related special educational services, and 
the services provided by the individual are part of the educational 
curriculum for handicapped children:
    (i) Speech and language pathology and audiology;
    (ii) Physical therapy;
    (iii) Occupational therapy;
    (iv) Psychological and counseling services; or
    (v) Recreational therapy.
    (r) Teaching in a field of expertise: The majority of classes taught 
are in the borrower's field of expertise.
    (s) Total and permanent disability: The condition of an individual 
who is unable to work and earn money because of an injury or illness 
that is expected to continue indefinitely or result in death.

(Authority: 20 U.S.C. 425, 1087ee, 1141, and 1401(1))

[52 FR 45758, Dec. 1, 1987, as amended at 59 FR 61412, Nov. 30, 1994; 65 
FR 65690, Nov. 1, 2000]