Developmental delays are expanded to include children, aged 3 through 9. The definition of other health impairment was slightly expanded. OHI can also include a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment. This is one of a few definitions which has been added to Subpart A, which, although the term itself is not new to the regulations, is added here because it is used frequently in the regulations. In the new law, these terms, and the distinctions between them, take on important meaning when it comes to the onset of certain substantive and procedural rights.
Day means calendar day unless otherwise indicated as business day or school day.
School day has the same meaning for all children in school, including children with and without disabilities. This is a new provision with no equivalent provision in the former regulations. 300.10 Under the new regulations, ESA's encompass the educational agencies previously referred to as IEU's. As a result, these two terms have become interchangeable. Similar substitutions are made for these terms where they are used throughout the law.