As used in this subpart, unless the context otherwise indicates, the following terms have the following meanings.

1. Agency. "Agency" means an agency, school, organization, facility or institution.

1-A.__Disability.__"Disability" means:

A.__For children from birth to under 3 years of age:

(1)__Significant developmental delay, as measured by both diagnostically appropriate instruments and procedures, in one or more areas of cognitive development; physical development, including vision and hearing; communication development; social or emotional development; and adaptive development; or

(2)__A diagnosed physical or mental condition that has a high probability of resulting in developmental delay, with the condition being such that the child needs early intervention services; or

B.__For children at least 3 years of age and under 20 years of age evaluated in accordance with 34 Code of Federal Regulations, Section 300.301-311 (2005), as measured by both standardized, norm-referenced diagnostic instruments and appropriate procedures with the delay or impairment being such that the child needs special education:

(1)__Significant developmental delays for a child at least 3 years of age and under 6 years of age, at the discretion of the intermediate educational unit or school administrative unit, as defined in rules adopted by the department in one or more of the following areas:__cognitive development; physical development, including vision and hearing; communication development; social or emotional development; adaptive development; or

(2)__At least one of the following:

(a)__Mental retardation;

(b)__Hearing impairment, including deafness;

(c)__Speech or language impairment;