Kan. Admin. Regs. § 91-40-1 - Definitions
Additional definitions of terms concerning student discipline are provided in K.A.R. 91-40-33.
(a) "Adapted physical education" means
physical education that is modified to accommodate the particular needs of
children with disabilities.
(b)
"Agency" means any board or state agency.
(c) "Assistive technology device" means any
item, piece of equipment, or product system, whether acquired commercially off
the shelf, modified, or customized, that is used to increase, maintain, or
improve the functional capabilities of a child with a disability. The term
shall not include any medical device that is surgically implanted or the
replacement of the device.
(d)
"Assistive technology service" means any service that directly assists a child
with a disability in the selection, acquisition, or use of an assistive
technology device. This term shall include the following:
(1) Evaluating the needs of a child with a
disability, including a functional evaluation of the child in the child's
customary environment;
(2)
purchasing, leasing, or otherwise providing for the acquisition of assistive
technology devices by children with disabilities;
(3) selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing, or replacing assistive
technology devices;
(4)
coordinating and using other therapies, interventions, or services with
assistive technology devices, including those associated with existing
education and rehabilitation plans and programs;
(5) providing training or technical
assistance for a child with a disability or, if appropriate, that child's
family; and
(6) providing training
or technical assistance for professionals including individuals providing
education and rehabilitation services, employers, or other individuals who
provide services to, employ, or are otherwise substantially involved in the
major life functions of a child.
(e) "Audiology" means the following:
(1) Identification of children with hearing
loss;
(2) determination of the
range, nature, and degree of hearing loss, including referral for medical or
other professional attention for the habilitation of hearing;
(3) provision of habilitative activities,
including language habilitation, auditory training, lip-reading, hearing
evaluation, and speech conservation;
(4) creation and administration of programs
for prevention of hearing loss;
(5)
counseling and guidance of children, parents, and teachers regarding hearing
loss; and
(6) determination of
children's needs for group and individual amplification, selecting and fitting
an appropriate aid, and evaluating the effectiveness of
amplification.
(f)
"Autism" means a developmental disability significantly affecting verbal and
nonverbal communication and social interaction, generally evident before age
three but not necessarily so, that adversely affects a child's educational
performance. Other characteristics often associated with autism are engagement
in repetitive activities and stereotyped movements, resistance to environmental
change or change in daily routines, and unusual responses to sensory
experiences. The term shall not apply if a child's educational performance is
adversely affected primarily because the child has an emotional
disturbance.
(g) "Blindness" means
a visual impairment that requires dependence on tactile and auditory media for
learning.
(h) "Board" means the
board of education of any school district.
(i) "Business day" means Monday through
Friday, except for federal and state holidays unless holidays are specifically
included in the designation of business day in a specific regulation.
(j) "Child find activities" means policies
and procedures to ensure that all exceptional children, including exceptional
children who are enrolled in private schools and exceptional children who are
homeless, regardless of the severity of any disability, are identified,
located, and evaluated.
(k) "Child
with a disability" means the following:
(1) A
child evaluated as having mental retardation, a hearing impairment including
deafness, a speech or language impairment, a visual impairment including
blindness, emotional disturbance, an orthopedic impairment, autism, traumatic
brain injury, any other health impairment, a specific learning disability,
deaf-blindness, or multiple disabilities and who, by reason thereof, needs
special education and related services; and
(2) for children ages three through nine, a
child who is experiencing developmental delays and, by reason thereof, needs
special education and related services.
(l) "Consent" means that all of the following
conditions are met:
(1) A parent has been
fully informed of all information relevant to the activity for which consent is
sought, in the parent's native language or other mode of
communication.
(2) A parent
understands and agrees in writing to the carrying out of the activity for which
consent is sought, and the consent describes that activity and lists the
records, if any, that will be released and to whom.
(3) A parent understands the following:
(A) The granting of consent is voluntary on
the part of the parent and may be revoked at any time.
(B) If the parent revokes consent, the
revocation is not retroactive and does not negate an action that has occurred
after the consent was given and before the consent was revoked.
(C) The parent may revoke consent in writing
for the continued provision of a particular service or placement only if the
child's IEP team certifies in writing that the child does not need the
particular service or placement for which consent is being revoked in order to
receive a free appropriate public education.
(m) "Counseling services" means services
provided by qualified social workers, psychologists, guidance counselors, or
other qualified personnel.
(n)
"Day" means a calendar day unless otherwise indicated as business day or school
day.
(o) "Deaf-blindness" means the
combination of hearing and visual impairments that causes such severe
communication and other developmental and educational needs that the needs
cannot be accommodated in special education programs solely for the hearing
impaired or the visually impaired.
(p) "Deafness" means a hearing impairment
that is so severe that it impairs a child's ability to process linguistic
information through hearing, with or without amplification, and adversely
affects the child's educational performance.
(q) "Developmental delay" means such a
deviation from average development in one or more of the following
developmental areas that special education and related services are required:
(1) Physical;
(2) cognitive;
(3) adaptive behavior;
(4) communication; or
(5) social or emotional development.
The deviation from average development shall be documented and measured by appropriate diagnostic instruments and procedures.
(r) "Department" means
the state department of education.
(s) "Early identification and assessment of
disabilities" means the implementation of a formal plan for identifying a
disability as early as possible in a child's life.
(t) "Educational placement" and "placement"
mean the instructional environment in which special education services are
provided.
(u) "Emotional
disturbance" means a condition exhibiting one or more of the following
characteristics over a long period of time and to a marked degree that
adversely affects a child's educational performance:
(1) An inability to learn that cannot be
explained by intellectual, sensory, or health factors;
(2) an inability to build or maintain
satisfactory interpersonal relationships with peers and teachers;
(3) inappropriate types of behavior or
feelings under normal circumstances;
(4) a general pervasive mood of unhappiness
or depression; or
(5) a tendency to
develop physical symptoms or fears associated with personal or school problems.
The term shall include schizophrenia but shall not apply to children who are
socially maladjusted, unless it is determined that they have an emotional
disturbance.
(v)
"Evaluation" means a multisourced and multidis-ciplinary examination, conducted
in accordance with applicable laws and regulations, to determine whether a
child is an exceptional child and the nature and extent of the special
education and related services that the child needs.
(w) "Exceptional children" means children
with disabilities and gifted children.
(x) "Extended school year services" means
special education and related services that are provided to a child with a
disability under the following conditions:
(1)
Beyond the school term provided to nondisabled children;
(2) in accordance with the child's IEP;
and
(3) at no cost to the parent or
parents of the child.
(y) "Federal law" means the individuals with
disabilities education act, as amended, and its implementing
regulations.
(z) "Free appropriate
public education" and "FAPE" mean special education and related services that
meet the following criteria:
(1) Are provided
at public expense, under public supervision and direction, and without
charge;
(2) meet the standards of
the state board;
(3) include an
appropriate preschool, elementary, or secondary school education; and
(4) are provided in conformity with an
individualized education program.
(aa) "General education curriculum" means the
curriculum offered to the nondisabled students of a school district.
(bb) "Gifted" means performing or
demonstrating the potential for performing at significantly higher levels of
accomplishment in one or more academic fields due to intellectual ability, when
compared to others of similar age, experience, and environment.
(cc) "Hearing impairment" means an impairment
in hearing, whether permanent or fluctuating, that adversely affects a child's
educational performance but that does not constitute deafness as defined in
this regulation.
(dd) "Homebound
instruction" means the delivery of special education and related services in
the home of a child with a disability.
(ee) "Hospital instruction" means the
delivery of special education and related services to a child with a disability
who is confined to a hospital for psychiatric or medical treatment.
(ff) "Independent educational evaluation"
means an examination that is obtained by the parent of an exceptional child and
is performed by an individual or individuals who are not employed by the agency
responsible for the education of the child but who meet state and local
standards to conduct the examination.
(gg) "Individualized education program" and
"IEP" mean a written statement for each exceptional child that meets the
requirements of
K.S.A. 72-987, and amendments thereto, and the
following criteria:
(1) Describes the unique
educational needs of the child and the manner in which those needs are to be
met; and
(2) is developed,
reviewed, and revised in accordance with applicable laws and
regulations.
(hh)
"Individualized education program team" and "IEP team" mean a group of
individuals composed of the following:
(1) The
parent or parents of a child;
(2)
at least one regular education teacher of the child, if the child is, or may
be, participating in the regular education environment;
(3) at least one special education teacher
or, if appropriate, at least one special education provider of the
child;
(4) a representative of the
agency directly involved in providing educational services for the child who
meets the following criteria:
(A) Is qualified
to provide, or supervise the provision of, specially designed instruction to
meet the unique needs of exceptional children;
(B) is knowledgeable about the general
curriculum; and
(C) is
knowledgeable about the availability of resources of the agency;
(5) an individual who can
interpret the instructional implications of evaluation results;
(6) at the discretion of the child's parent
or the agency, other individuals who have knowledge or special expertise
regarding the child, including related services personnel as appropriate;
and
(7) whenever appropriate, the
exceptional child.
(ii)
"Individualized family service plan" and "IFSP" mean a written plan, in
accordance with section 1436 of the federal law, for providing early
intervention services to an infant or toddler with a disability and the
infant's or toddler's family.
(jj)
"Infants and toddlers with disabilities" means children from birth through two
years of age who have been determined to be eligible for early intervention
services under the federal law.
(kk) "Interpreting services" means the
following:
(1) For children who are deaf or
hard of hearing, oral transliteration services, cued language transliteration
services, sign language transliteration and interpreting services, and
transcription services, including communication access real-time translation
(CART), C-Print, and TypeWell; and
(2) special interpreting services for
children who are deaf-blind.
(ll) "Least restrictive environment" and
"LRE" mean the educational placement in which, to the maximum extent
appropriate, children with disabilities, including children in institutions or
other care facilities, are educated with children who are not disabled, with
this placement meeting the requirements of
K.S.A. 72-976, and amendments thereto, and the
following criteria:
(1) Determined at least
annually;
(2) based upon the
student's individualized education program; and
(3) provided as close as possible to the
child's home.
(mm)
"Material change in service" means an increase or decrease of 25 percent or
more of the duration or frequency of a special education service, related
service, or supplementary aid or service specified on the IEP of an exceptional
child.
(nn) "Medical services"
means services provided by a licensed physician to determine a child's
medically related disability that results in the child's need for special
education and related services.
(oo) "Mental retardation" means significantly
subav-erage general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the developmental period,
that adversely affects a child's educational performance.
(pp) "Multiple disabilities" means coexisting
impairments, the combination of which causes such severe educational needs that
those needs cannot be accommodated in special education programs solely for one
of the impairments. The term shall not include deaf-blindness.
(qq) "Native language" means the following:
(1) If used with reference to an individual
of limited English proficiency, either of the following:
(A) The language normally used by that
individual, or, in the case of a child, the language normally used by the
parent or parents of the child, except as provided in paragraph (1) (B) of this
subsection; or
(B) in all direct
contact with a child, including evaluation of the child, the language normally
used by the child in the home or learning environment.
(2) For an individual with deafness or
blindness or for an individual with no written language, the mode of
communication is that normally used by the individual, including sign language,
braille, or oral communication.
(rr) "Occupational therapy" means the
services provided by a qualified occupational therapist and shall include
services for the following:
(1) Improving,
developing, or restoring functions impaired or lost through illness, injury, or
deprivation;
(2) improving the
ability to perform tasks for independent functioning if functions are impaired
or lost; and
(3) preventing,
through early intervention, initial or further impairment or loss of
function.
(ss)
"Orientation and mobility services" means the services provided to blind or
visually impaired students by qualified personnel to enable those students to
attain systematic orientation to, and safe movement within, their environments
at school, at home, and in the community. This term shall include teaching
students the following, as appropriate:
(1)
Spatial and environmental concepts and use of information received by the
senses, including sound, temperature, and vibrations to establish, maintain, or
regain orientation and line of travel;
(2) use of the long cane or a service animal
to supplement visual travel skills or to function as a tool for safely
negotiating the environment for students with no available travel
vision;
(3) the understanding and
use of remaining vision and distance low vision aids; and
(4) other concepts, techniques, and
tools.
(tt) "Orthopedic
impairment" means a severe orthopedic impairment that adversely affects a
child's educational performance and includes impairments caused by any of the
following:
(1) Congenital anomaly, including
clubfoot or the absence of a limb;
(2) disease, including poliomyelitis or bone
tuberculosis; or
(3) other causes,
including cerebral palsy, amputation, and fractures or burns that cause
contractures.
(uu)
"Other health impairment" means having limited strength, vitality, or
alertness, including a heightened alertness to environmental stimuli, that
results in limited alertness with respect to the educational environment and
that meets the following criteria:
(1) Is due
to chronic or acute health problems, including asthma, attention deficit
disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a
heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic
fever, sickle cell anemia, and Tourette syndrome; and
(2) adversely affects a child's educational
performance.
(vv)
"Parent" means any person described in
K.S.A. 72-962(m) and amendments
thereto.
(ww) "Parent counseling
and training" means the following:
(1)
Assisting parents in understanding the special needs of their child;
(2) providing parents with information about
child development; and
(3) helping
parents to acquire the necessary skills that will allow them to support the
implementation of their child's IEP or IFSP.
(xx) "Physical education" means the
development of the following:
(1) Physical and
motor fitness;
(2) fundamental
motor skills and patterns; and
(3)
skills in aquatics, dance, and individual and group games and sports, including
intramural and lifetime sports. The term shall include special physical
education, adapted physical education, movement education, and motor
development.
(yy)
"Physical therapy" means therapy services provided by a qualified physical
therapist.
(zz) "Private school
children" means children with disabilities who are enrolled by their parents in
private elementary or secondary schools.
(aaa) "Recreation" means leisure education
and recreation programs offered in schools and by community agencies. The term
shall include assessment of leisure function and therapeutic recreation
services.
(bbb) "Rehabilitation
counseling services" means services provided by qualified personnel in
individual or group sessions that focus specifically on career development,
employment preparation, achieving independence, and integration in the
workplace and community of a student with a disability. The term shall also
include any vocational rehabilitation services provided to a student with a
disability under any vocational rehabilitation program funded under the
rehabilitation act of 1973, as amended.
(ccc) "Related services" means developmental,
corrective, and supportive services that are required to assist an exceptional
child to benefit from special education.
(1)
Related services shall include the following:
(A) Art therapy;
(B) assistive technology devices and
services;
(C) audiology;
(D) counseling services;
(E) dance movement therapy;
(F) early identification and assessment of
disabilities;
(G) interpreting
services;
(H) medical services for
diagnostic or evaluation purposes;
(I) music therapy;
(J) occupational therapy;
(K) orientation and mobility
services;
(L) parent counseling and
training;
(M) physical
therapy;
(N) recreation, including
therapeutic recreation;
(O)
rehabilitation counseling services;
(P) school health services;
(Q) school nurse services;
(R) school psychological services;
(S) school social work services;
(T) special education administration and
supervision;
(U) special music
education;
(V) speech and language
services;
(W) transportation;
and
(X) other developmental,
corrective, or supportive services.
(2) Related services shall not include the
provision of any medical device that is surgically implanted, including a
cochlear implant, the optimization of the device's functioning, including
mapping and maintenance of the device, and replacement of the device.
(ddd) "School age" means the
following:
(1) For children identified as
gifted, having attained the age at which the local board of education provides
educational services to children without disabilities, through the school year
in which the child graduates from high school; and
(2) for children with disabilities, having
attained age three, through the school year in which the child graduates with a
regular high school diploma or reaches age 21, whichever occurs
first.
(eee) "School
day" means any day, including a partial day, that all children, including
children with and without disabilities, are in attendance at school for
instructional purposes.
(fff)
"School health services" means health services that are specified in the IEP of
a child with a disability and that are provided by a school nurse or other
qualified person.
(ggg) "School
nurse services" means nursing services that are provided by a qualified nurse
in accordance with the child's IEP.
(hhh) "School psychological services" means
the provision of any of the following services:
(1) Administering psychological and
educational tests, and other assessment procedures;
(2) interpreting assessment
results;
(3) obtaining,
integrating, and interpreting information about child behavior and conditions
relating to learning;
(4)
consulting with other staff members in planning school programs to meet the
special needs of children as indicated by psychological tests;
(5) planning and managing a program of
psychological services, including psychological counseling for children and
parents; and
(6) assisting in
developing positive behavioral intervention strategies.
(iii) "School social work services" means
services provided by a qualified social worker and shall include the provision
of any of the following services:
(1)
Preparing a social or developmental history on a child with a
disability;
(2) group and
individual counseling with the child and family;
(3) working in partnership with the parent or
parents and others on those problems in a child's living situation, at home, at
school, and in the community that affect the child's adjustment in
school;
(4) mobilizing school and
community resources to enable the child to learn as effectively as possible in
the child's educational program; and
(5) assisting in developing positive
behavioral intervention strategies.
(jjj) "Services plan" means a written
statement for each child with a disability enrolled in a private school that
describes the special education and related services that the child will
receive.
(kkk) "Special education"
means the following:
(1) Specially designed
instruction, at no cost to the parents, to meet the unique needs of an
exceptional child, including the following:
(A) Instruction conducted in the classroom,
in the home, in hospitals and institutions, and in other settings;
and
(B) instruction in physical
education;
(2)
paraeducator services, speech-language pathology services, and any other
related service, if the service consists of specially designed instruction to
meet the unique needs of a child with a disability;
(3) occupational or physical therapy and
interpreter services for deaf children if, without any of these services, a
child would have to be educated in a more restrictive environment;
(4) travel training; and
(5) vocational education.
(lll) "Specially designed
instruction" means adapting, as appropriate to the needs of each exceptional
child, the content, methodology, or delivery of instruction for the following
purposes:
(1) To address the unique needs of
the child that result from the child's exceptionality; and
(2) to ensure access of any child with a
disability to the general education curriculum, so that the child can meet the
educational standards within the jurisdiction of the agency that apply to all
children.
(mmm)
"Specific learning disability" means a disorder in one or more of the basic
psychological processes involved in understanding or using language, spoken or
written, that may manifest itself in an imperfect ability to listen, think,
speak, read, write, spell, or to do mathematical calculations, including
perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and
developmental aphasia. The term shall not include learning problems that are
primarily the result of any of the following:
(1) Visual, hearing, or motor
disabilities;
(2) mental
retardation;
(3) emotional
disturbance; or
(4) environmental,
cultural, or economic disadvantage.
(nnn) "Speech-language pathology services"
means the provision of any of the following services:
(1) Identification of children with speech or
language impairments;
(2) diagnosis
and appraisal of specific speech or language impairments;
(3) referral for medical or other
professional attention necessary for the habilitation of speech or language
impairments;
(4) provision of
speech and language services for the habilitation or prevention of
communicative impairments; and
(5)
counseling and guidance of parents, children, and teachers regarding speech and
language impairments.
(ooo) "Speech or language impairment" means a
communication disorder, including stuttering, impaired articulation, a language
impairment, or a voice impairment, that adversely affects a child's educational
performance.
(ppp) "State agency"
means the secretary of social and rehabilitation services, the secretary of
corrections, and the commissioner of juvenile justice.
(qqq) "State board" means the state board of
education.
(rrr) "State
institution" means any institution under the jurisdiction of a state
agency.
(sss) "Substantial change
in placement" means the movement of an exceptional child, for more than 25
percent of the child's school day, from a less restrictive environment to a
more restrictive environment or from a more restrictive environment to a less
restrictive environment.
(ttt)
"Supplementary aids and services" means aids, services, and other supports that
are provided in regular education classes, other education-related settings,
and extracurricular and nonacademic settings to enable children with
disabilities to be educated with nondisabled children to the maximum extent
appropriate.
(uuu) "Transition
services" means a coordinated set of activities for a student with
disabilities, designed within a results-oriented process, that is focused on
improving the academic and functional achievement of the child with a
disability to facilitate the child's movement from school to postschool
activities, including postsecondary education, vocational education, integrated
employment including supported employment, continuing and adult education,
adult services, independent living, and community participation. The
coordinated set of activities shall be based on the individual student's needs,
taking into account the student's preferences and interests, and shall include
the following:
(1) Instruction;
(2) related services;
(3) community experiences;
(4) the development of employment and other
post-school adult living objectives; and
(5) if appropriate, acquisition of daily
living skills and a functional vocational evaluation.
(vvv) "Transportation" means the following:
(1) Travel to and from school and between
schools;
(2) travel in and around
school buildings; and
(3)
specialized equipment, including special or adapted buses, lifts, and ramps, if
required to provide special transportation for a child with a
disability.
(www)
"Traumatic brain injury" means an acquired injury to the brain that is caused
by an external physical force, resulting in total or partial functional
disability or psychosocial impairment, or both, that adversely affects
educational performance. The term shall apply to open or closed head injuries
resulting in impairments in one or more areas, including the following:
(1) Cognition;
(2) language;
(3) memory;
(4) attention;
(5) reasoning;
(6) abstract thinking;
(7) judgment;
(8) problem solving;
(9) sensory, perceptual, and motor
abilities;
(10) psychosocial
behavior;
(11) physical
functions;
(12) information
processing; and
(13) speech.
The term shall not include brain injuries that are congenital or degenerative or that are induced by birth trauma.
(xxx) "Travel training" means
providing instruction, as appropriate, to children with significant cognitive
disabilities, and any other children with disabilities who require this
instruction, to enable them to perform the following:
(1) Develop an awareness of the environment
in which they live; and
(2) learn
the skills necessary to move effectively and safely from place to place within
various environments, including at school, home, and work, and in the
community.
(yyy) "Visual
impairment" means an impairment in vision that, even with correction, adversely
affects a child's educational performance. The term shall include both partial
sight and blindness.
(zzz)
"Vocational education" means any organized educational program that is directly
related to the preparation of individuals for paid or unpaid employment, or for
additional preparation for a career requiring other than a baccalaureate or
advanced degree.
Notes
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