N.Y. Comp. Codes R. & Regs. Tit. 8 § 200.1 - Definitions
As used in this Part:
(a) Adaptive behavior means the effectiveness
with which the individual copes with the natural and social demands of his
environment.
(b) Adapted physical
education means a specially designed program of developmental activities,
games, sports and rhythms suited to the interests, capacities and limitations
of students with disabilities who may not safely or successfully engage in
unrestricted participation in the activities of the regular physical education
program.
(c) Annual review means an
evaluation, conducted at least annually by the committee on special education ,
of the status of each student with a disability and each student thought to
have a disability who resides within the school district for the purpose of
recommending the continuation, modification or termination of the provision of
special education programs and services for the student to the board of
education.
(d) Approved private
school means a private school which conforms with the requirements of Federal
and State laws and regulations governing the education of students with
disabilities, and which has been approved by the commissioner for the purpose
of contracting with public schools for the instruction of students with
disabilities.
(e) 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 student
with a disability . Such term does not include a medical device that is
surgically implanted, or the replacement of such a device.
(f) Assistive technology service means any
service that directly assists a student with a disability in the selection,
acquisition, or use of an assistive technology device . The term includes:
(1) the evaluation of the needs of a student
with a disability , including a functional evaluation of the student in the
student's customary environment;
(2) purchasing, leasing, or otherwise
providing for the acquisition of assistive technology devices by students 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, such as those
associated with existing education and rehabilitation plans and
programs;
(5) training or technical
assistance for a student with a disability or, if appropriate, that student's
family; and
(6) training or other
technical assistance for professionals (including individuals providing
education or rehabilitation services), employers, or other individuals who
provide services to, employ, or are otherwise substantially involved in the
major life functions of that student.
(g) Change in program means a change in any
one of the components of the individualized education program of a student as
described in section
200.4(d)(2) of
this Part.
(h) Change in placement
means a transfer of a student to or from a public school, BOCES or schools
enumerated in article 81, 85, 87, 88 or 89 of the Education Law or graduation
from high school with a local high school or Regents diploma. For purposes of
removal of a student with a disability from the student's current educational
placement under Education Law section 3214, change of placement is defined in
Part 201 of this Title.
(i) Class
size means the maximum number of students who can receive instruction together
in a special class or resource room program and the number of teachers and
supplementary school personnel assigned to the class.
(j) Committee on preschool special education
(CPSE) means a multidisciplinary team established in accordance with the
provisions of section
4410 of the
Education Law.
(k) Committee on
special education (CSE) means a multidisciplinary team established in
accordance with the provisions of section
4402 of the
Education Law.
(l) Consent means:
(1) the parent has been fully informed, in
his or her native language or other mode of communication, of all information
relevant to the activity for which consent is sought, and has been notified of
the records of the student which will be released and to whom they will be
released;
(2) the parent
understands and agrees in writing to the activity for which consent is sought;
and
(3) the parent is made aware
that the consent is voluntary on the part of the parent and may be revoked at
any time except that, if a parent revokes consent , that revocation is not
retroactive (i.e., it does not negate an action that has occurred after the
consent was given and before the consent was revoked).
(m) Consultant teacher services means direct
and/or indirect services, as defined in this subdivision, provided to a student
with a disability in the student's regular education classes and/or to such
student's regular education teachers.
(1)
Direct consultant teacher services means specially designed individualized or
group instruction provided by a certified special education teacher pursuant to
subdivision (yy) of this section, to a student with a disability to aid such
student to benefit from the student's regular education classes.
(2) Indirect consultant teacher services
means consultation provided by a certified special education teacher pursuant
to subdivision (yy) of this section to regular education teachers to assist
them in adjusting the learning environment and/or modifying their instructional
methods to meet the individual needs of a student with a disability who attends
their classes.
(n) Days
means calendar days unless otherwise indicated as school day or business day .
(1) School day means any day, including a
partial day, that students are in attendance at school for instructional
purposes. The term school day has the same meaning for all students in school
including students with disabilities and students without disabilities, except
that, during the months of July and August, school day means every day except
Saturday, Sunday and legal holidays.
(2) Business day means Monday through Friday,
except for Federal and State holidays (unless holidays are specifically
included in the designation of business day ).
(o) Fiscal year means the period commencing
on the 1st day of July in each year and ending on the 30th day of June next
following.
(p) Full-day preschool
program means an approved special education program for preschool students with
disabilities that provides instruction for a full-day session as defined in
subdivision (q) of this section, provided however that in the event a program
is approved by the commissioner to provide instruction for less than a full-day
session but more than a half-day session , such program shall be deemed a
full-day program solely for purposes of development of a recommendation by the
preschool committee on special education pursuant to subparagraph (i) of
paragraph b of subdivision 5 of section
4410 of the
Education Law and section
200.16(e)(3) of
this Part.
(q) Full-day session
means a school day with not less than five hours of instruction for preschool
students with disabilities and for students whose chronological ages are
equivalent to those of students in grades K through 6, and not less than 51/2
hours of instruction for students whose chronological ages are equivalent to
those of students in grades 7 through 12.
(r) Functional behavioral assessment means
the process of determining why the student engages in behaviors that impede
learning and how the student's behavior relates to the environment. The
functional behavioral assessment shall be developed consistent with the
requirements in section
200.22(a) of this
Part and shall include, but is not limited to, the identification of the
problem behavior, the definition of the behavior in concrete terms, the
identification of the contextual factors that contribute to the behavior
(including cognitive and affective factors) and the formulation of a hypothesis
regarding the general conditions under which a behavior usually occurs and
probable consequences that serve to maintain it.
(s) Guardian ad litem means a person familiar
with the provisions of this Part who is appointed from the list of surrogate
parents or who is a pro bono attorney appointed to represent the interests of a
student in an impartial hearing pursuant to section
200.5(j)(3)(ix) of
this Part and, where appropriate, to join in an appeal to the State Review
Officer initiated by the parent or board of education pursuant to section
200.5(k) of this
Part. A guardian ad litem shall have the right to fully participate in the
impartial hearing to the extent indicated in section
200.5(j)(3)(xii)
of this Part.
(t) General
curriculum means the same general education curriculum as for students without
disabilities.
(u) Half-day
preschool program means an approved preschool special education program for
preschool students with disabilities that provides instruction for a half-day
session as defined in subdivision (v) of this section.
(v) Half-day session means a morning or
afternoon session with not less than 21/2 hours of instruction for students
whose chronological ages are equivalent to those of students in grades K
through 6, and not less than three hours of instruction for students whose
chronological ages are equivalent to those of students in grades 7 through 12,
provided that for preschool students with disabilities such term shall mean a
morning or afternoon session with not more than 21/2 hours of instruction per
day.
(w) Home and hospital
instruction means special education provided on an individual basis for a
student with a disability confined to the home, hospital or other institution
because of a disability.
(x)
Impartial hearing officer means an individual assigned by a board of education
pursuant to Education Law, section 4404(1), or by the commissioner in
accordance with section
200.7(d)(1)(i) of
this Part, to conduct a hearing and render a decision. In a city school
district having a population of one million or more inhabitants, impartial
hearing officer may also be employees and/or contractors of a permanent,
standing administrative tribunal. No individual employed by a school district,
school, or program serving students with disabilities placed there by a school
district committee on special education may serve as an impartial hearing
officer and no individual employed by such schools or programs may serve as an
impartial hearing officer for two years following the termination of such
employment, provided that a person who otherwise qualifies to conduct a hearing
under this section shall not be deemed an employee of the school district,
school or program serving students with disabilities solely because he or she
is paid by such schools or programs to serve as an impartial hearing officer .
An impartial hearing officer shall:
(1) be an
individual admitted to the practice of law who is currently in good standing
and who has a minimum of one year of practice and/or experience in the areas of
education, special education , disability rights, civil rights or administrative
law; or be an individual certified by the State of New York as an impartial
hearing officer on September 1, 2001; or for complaints filed in the city
school district of the city of New York be an individual possessing a minimum
of a Master's degree in education, special education , psychology, or a related
field and two years of experience applying knowledge of federal or State law
and regulations pertaining to the Individuals with Disabilities Education Act
in education, special education , or a related field.
(2) have access to the support and equipment
necessary to perform the duties of an impartial hearing officer ;
(3) be independent, shall not be an officer,
employee or agent of the school district or of the board of cooperative
educational services of which such school district is a component, or an
employee of the Education Department , shall not have a personal or professional
interest which would conflict with his or her objectivity in the hearing, and
shall not have participated in any manner in the formulation of the
recommendation sought to be reviewed; and
(4) be certified by the commissioner as an
impartial hearing officer eligible to conduct hearings pursuant to Education
Law, section 4404(1) and subject to suspension or revocation of such
certification by the commissioner for good cause in accordance with the
provisions of section
200.21 of this Part. In order to
obtain and retain such a certificate, an individual shall:
(i) successfully complete a training program,
conducted by the department , which program provides information regarding State
and Federal laws and regulations relating to the education of students with
disabilities, the needs of such students, and the procedures involved in
conducting a hearing, and in reaching and writing a decision;
(ii) attend such periodic update programs as
may be scheduled by the commissioner;
(iii) annually submit, in a format and by a
date prescribed by the commissioner, a certification that the impartial hearing
officer meets the requirements of paragraphs (1), (2) and (3) of this
subdivision;
(iv) possess knowledge
of, and the ability to understand, the provisions of Federal and State law and
regulations pertaining to the Individuals with Disabilities Education Act and
legal interpretations of such law and regulations by Federal and State
courts;
(v) possess knowledge of,
and the ability to conduct hearings in accordance with appropriate, standard
legal practice and to render and write decisions in accordance with appropriate
standard legal practice; and
(vi)
be willing and available to accept appointment to conduct impartial hearings.
Notwithstanding the provisions of section
200.21 of this Part, unless good
cause has been provided to the commissioner including, but not limited to,
cause resulting from poor health as certified by a physician, active military
services or other similar extenuating circumstances, the certification of an
impartial hearing officer shall be rescinded upon a finding that the impartial
hearing officer was not willing or available to conduct an impartial hearing
within a two-year period of time.
(y) Individualized education program means a
written statement, developed, reviewed and revised in accordance with section
200.4 of this Part, which includes
the components specified in section
200.4(d)(2) of
this Part to be provided to meet the unique educational needs of a student with
a disability .
(z) Independent
educational evaluation means an individual evaluation of a student with a
disability or a student thought to have a disability, conducted by a qualified
examiner who is not employed by the public agency responsible for the education
of the student. Whenever an independent educational evaluation is at public
expense, the criteria under which the evaluation is obtained, including the
location of the evaluation and the qualifications of the examiner, shall be the
same as the criteria which the school district uses when it initiates an
evaluation.
(aa) Individual
evaluation means any procedures, tests or assessments used selectively with an
individual student, including a physical examination in accordance with the
provisions of sections
903,
904 and
905 of the
Education Law, an individual psychological evaluation , except where a school
psychologist has determined pursuant to section
200.4(b) of this
Part that a psychological evaluation is unnecessary to evaluate a student of
school age, a social history and other appropriate assessments or evaluations
as may be necessary to determine whether a student has a disability and the
extent of his/her special education needs, but does not include basic tests
administered to, or procedures used with, all students in a school grade or
class.
(bb) Individual
psychological evaluation means a process by which a New York State- certified
school psychologist or licensed psychologist uses, to the extent deemed
necessary for purposes of educational planning, a variety of psychological and
educational techniques and examinations in the student's native language , to
study and describe a student's developmental, learning, behavioral and other
personality characteristics.
(cc)
Least restrictive environment means that placement of students with
disabilities in special classes, separate schools or other removal from the
regular educational environment occurs only when the nature or severity of the
disability is such that even with the use of supplementary aids and services ,
education cannot be satisfactorily achieved. The placement of an individual
student with a disability in the least restrictive environment shall:
(1) provide the special education needed by
the student;
(2) provide for
education of the student to the maximum extent appropriate to the needs of the
student with other students who do not have disabilities; and
(3) be as close as possible to the student's
home.
(dd) Mediator means
a qualified and impartial individual who is trained in effective mediation
techniques to resolve disputes in accordance with Education Law, section 4404-a
and section
200.5(h) of this
Part and who is knowledgeable in laws and regulations relating to the provision
of special education services. An individual who serves as a mediator may not
have a personal or professional interest which would conflict with his or her
objectivity in the mediation process and may not be an employee of a State
educational agency that is providing direct services to a student who is the
subject of the mediation process or a school district or program serving
students with disabilities, provided that a person who otherwise qualifies to
conduct mediation under section
200.5(h) of this
Part shall not be deemed an employee of the State, a school district, school,
or a program serving students with disabilities solely because he or she is
paid by a community dispute resolution center through grant funds provided by
the State Education Department to serve as a mediator .
(ee) Medical services means only evaluative
and diagnostic services provided by a licensed physician, or by another
appropriately licensed or registered health professional in consultation with,
or under the supervision of, a licensed physician, to determine whether a
student has a medically related disability which may result in the student's
need for special education and related services .
(ff) Native language means:
(1) if used with reference to an individual
of limited English proficiency, the language normally used by that individual,
or, in the case of a student, the language normally used by the parents of the
student, except that, in all direct contact with a student (including
evaluation of the student), native language means the language normally used by
the student in the home or learning environment; and
(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 (such as sign language,
Braille, or oral communication).
(gg) Occupational therapy means the
functional evaluation of the student and the planning and use of a program of
purposeful activities to develop or maintain adaptive skills, designed to
achieve maximal physical and mental functioning of the student in his or her
daily life tasks.
(hh)
Supplementary school personnel means a teacher aide or a teaching assistant as
described in section
80-5.6(a) through
(d) of this Title.
(ii)
(1)
Parent means a birth or adoptive parent , a legally appointed guardian generally
authorized to act as the child's parent or authorized to make educational
decisions for the child; a person in parental relationship to the child as
defined in Education Law, section 3212; an individual designated as a person in
parental relation pursuant to title 15-A of the General Obligations Law
including an individual so designated who is acting in the place of a birth or
adoptive parent (including a grandparent, stepparent, or other relative with
whom the child resides); or a surrogate parent who has been appointed in
accordance with section
200.5(n) of this
Part. The term does not include the State if the student is a ward of the
State .
(2) A foster parent may act
as a parent unless State law, regulations or contractual obligations with a
State or local entity prohibit the foster parent from acting as a
parent .
(3) Except as provided in
paragraph (4) of this subdivision, when one or more than one party is qualified
under paragraph (1) of this subdivision to act as a parent , the birth or
adoptive parent must be presumed to be the parent unless the birth or adoptive
parent does not have legal authority to make educational decisions for the
student.
(4) If a judicial decree
or order identifies a specific person or persons to act as the parent or make
educational decisions on behalf of the student, then such person or persons
shall be determined to be the parent for purposes of this Part, except that a
public agency that provides education or care for the student, or a private
agency that contracts with a public agency for such purposes, shall not act as
the parent .
(jj)
Participating agency means a State or local agency, other than the public
agency responsible for a student's education, that is financially and legally
responsible for providing transition services to the student.
(kk) Parent counseling and training means
assisting parents in understanding the special needs of their child; providing
parents with information about child development; and helping parents to
acquire the necessary skills that will allow them to support the implementation
of their child's individualized education program .
(ll) Physical therapy means a related service
provided in accordance with section
6731
(a) of the Education Law.
(mm) Preschool student with a disability is a
preschool child as defined in section
4410
(1)(i) of the Education Law who is eligible
to receive preschool programs and services, is not entitled to attend the
public schools of the school district of residence pursuant to section
3202 of the
Education Law and who, because of mental, physical, or emotional reasons, has
been identified as having a disability and can receive appropriate educational
opportunities from special programs and services approved by the department .
Eligibility as a preschool student with a disability shall be based on the
results of an individual evaluation which is provided in the student's native
language , not dependent on a single procedure, and administered by a
multidisciplinary team in accordance with all other requirements as described
in section 200.4(b)(1) through
(5) of this Part.
(1) Commencing July 1, 1993, to be identified
as having a disability a preschool student shall either:
(i) exhibit a significant delay or disorder
in one or more functional areas related to cognitive, language and
communicative, adaptive, social-emotional or motor development which adversely
affects the student's ability to learn. Such delay or disorder shall be
documented by the results of the individual evaluation which includes but is
not limited to information in all functional areas obtained from a structured
observation of a student's performance and behavior, a parental interview and
other individually administered assessment procedures, and, when reviewed in
combination and compared to accepted milestones for child development,
indicate:
(a) a 12-month delay in one or more
functional area(s); or
(b) a 33
percent delay in one functional area, or a 25 percent delay in each of two
functional areas; or
(c) if
appropriate standardized instruments are individually administered in the
evaluation process, a score of 2.0 standard deviations below the mean in one
functional area, or a score of 1.5 standard deviations below the mean in each
of two functional areas; or
(ii) meet the criteria set forth in paragraph
(1), (2), (3), (5), (9), (10), (12) or (13) of subdivision (zz) of this
section.
(2) Commencing
July 1, 1991, in the calendar year in which such preschool student becomes
three years of age, a student shall be first eligible for preschool programs
and services on January 2nd of such calendar year, if the student's birthday
falls before July 1st, otherwise a student shall be first eligible on July 1st
of the calendar year; except that a student who, as of his or her third
birthday, is already receiving services pursuant to section
236 of the
Family Court Act or its successor, or section
4204-a of the
Education Law, may, if the parent so chooses, continue to receive such services
through August 31st of the calendar year in which the student first becomes
eligible to receive services pursuant to section
4410 of the
Education Law. A student shall be deemed to be a preschool student with a
disability through the month of August of the school year in which the student
first becomes eligible to attend school pursuant to section
3202 of the
Education Law.
(nn)
Preschool program means a special education program approved pursuant to
section
4410 of the
Education Law to provide special education programs and services, from the
continuum of services set forth in section
200.16(i) of this
Part, and to conduct evaluations of preschool students with disabilities if
such program has a multidisciplinary evaluation component.
(oo) Prior written notice means written
statements developed in accordance with section
200.5(a) of this
Part, and provided to the parents of a student with a disability a reasonable
time before the school district proposes to or refuses to initiate or change
the identification, evaluation, or educational placement of the student or the
provision of a free appropriate public education to the student.
(pp) Regular education teacher means:
(1) for a school-age student, a teacher
qualified to serve nondisabled students who is providing regular education
instruction to the student. If the student is not receiving instruction from
one or more regular education teachers, a teacher qualified to provide regular
education in the type of program in which the student may be placed may serve
as the student's regular education teacher ;
(2) for a preschool child, a regular
education teacher qualified to provide regular education services to
nondisabled preschool or elementary-level students who is providing regular
education instruction to the student. If the student is not receiving
instruction from one or more regular education teachers, a teacher qualified to
provide regular education in the type of program in which the student may be
placed may serve as the preschool student's regular education
teacher .
(qq) Related
services means developmental, corrective, and other supportive services as are
required to assist a student with a disability and includes speech -language
pathology, audiology services, interpreting services , psychological services,
physical therapy , occupational therapy , counseling services, including
rehabilitation counseling services, orientation and mobility services, medical
services as defined in this section, parent counseling and training , school
health services , school nurse services , school social work, assistive
technology services, appropriate access to recreation, including therapeutic
recreation, other appropriate developmental or corrective support services, and
other appropriate support services and includes the early identification and
assessment of disabling conditions in students.
(1) Services that apply to children with
surgically implanted devices, including cochlear implants. Related services do
not include a medical device that is surgically implanted, the optimization of
that device's functioning (such as mapping), maintenance of that device, or the
replacement of that device, provided that nothing in this paragraph:
(i) limits the right of a student with a
surgically implanted device to receive related services that are determined by
the CSE or CPSE to be necessary for the student to receive a free appropriate
public education; or
(ii) limits
the responsibility of a school district to appropriately monitor and maintain
medical devices that are needed to maintain the health and safety of the
student, including breathing, nutrition, or operation of other bodily
functions, while the student is transported to and from school or is at school;
or
(iii) prevents the routine
checking of an external component of a surgically implanted device to make sure
it is functioning properly.
(rr) Resource room program means a special
education program for a student with a disability registered in either a
special class or regular class who is in need of specialized supplementary
instruction in an individual or small group setting for a portion of the school
day .
(ss) School health services
and school nurse services .
(1) School health
services means health services provided by either a qualified school nurse or
other qualified person that are designed to enable a student with a disability
to receive a free appropriate public education as described in the
individualized education program of the student.
(2) School nurse services means services
provided by a qualified school nurse pursuant to section
902
(2)(b) of the Education Law that are designed
to enable a student with a disability to receive a free appropriate public
education as described in the individualized education program of the
student.
(tt) Social
history means a report of information gathered and prepared by qualified school
district personnel pertaining to the interpersonal, familial and environmental
variables which influence a student's general adaptation to school, including
but not limited to data on family composition, family history, developmental
history of the student, health of the student, family interaction and school
adjustment of the student.
(uu)
Special class means a class consisting of students with disabilities who have
been grouped together because of similar individual needs for the purpose of
being provided specially designed instruction as defined in subdivision (vv) of
this section.
(vv) Specially
designed instruction means adapting, as appropriate, to the needs of an
eligible student under this Part, the content, methodology, or delivery of
instruction to address the unique needs that result from the student's
disability; and to ensure access of the student to the general curriculum , so
that he or she can meet the educational standards that apply to all
students.
(ww) Special education
means specially designed individualized or group instruction or special
services or programs, as defined in subdivision 2 of section
4401 of the
Education Law, and special transportation, provided at no cost to the parent ,
to meet the unique needs of students with disabilities.
(1) Such instruction includes but is not
limited to that conducted in classrooms, homes, hospitals, institutions and in
other settings.
(2) Such
instruction includes specially designed instruction in physical education,
including adapted physical education .
(3) For the purposes of this definition:
(i) The individual needs of a student shall
be determined by a committee on special education in accordance with the
provisions of section
200.4 of this Part upon
consideration of the present levels of performance and expected learning
outcomes of the student. Such individual-need determinations shall provide the
basis for written annual goals, direction for the provision of appropriate
educational programs and services and development of an individualized
education program for the student. The areas to be considered shall include:
(a) academic achievement, functional
performance and learning characteristics which shall mean the levels of
knowledge and development in subject and skill areas, including activities of
daily living, level of intellectual functioning, adaptive behavior , expected
rate of progress in acquiring skills and information, and learning
style;
(b) social development which
shall mean the degree and quality of the student's relationships with peers and
adults, feelings about self, and social adjustment to school and community
environments;
(c) physical
development which shall mean the degree or quality of the student's motor and
sensory development, health, vitality, and physical skills or limitations which
pertain to the learning process; and
(d) management needs which shall mean the
nature of and degree to which environmental modifications and human or material
resources are required to enable the student to benefit from instruction.
Management needs shall be determined in accordance with the factors identified
in each of the three areas described in clauses (a)-(c) of this
subparagraph.
(ii) Group
instruction means instruction of students grouped together according to
similarity of individual needs for the purpose of special education . The
curriculum and instruction provided to such groups shall be consistent with the
individual needs of each student in the group, and the instruction required to
meet the individual needs of any one student in the group shall not
consistently detract from the instruction provided other students in the
group.
(xx)
Special education provider means an individual qualified pursuant to section
200.6(b)(3) of
this Part who is providing related services , as defined in subdivision (qq) of
this section, to the student. If the student is not receiving related services ,
an individual qualified to provide related services needed by the student may
serve as the related service provider of the student.
(yy) Special education teacher means a
person, including an itinerant teacher, certified or licensed to teach students
with disabilities pursuant to Part 80 of this Title who is providing special
education to the student. For a student who is being considered for initial
placement in special education , a teacher qualified to provide special
education in the type of program in which the student may be placed may serve
as the student's special education teacher .
(zz) Student with a disability means a
student with a disability as defined in section
4401
(1) of the Education Law, who has not
attained the age of 21 prior to September 1st and who is entitled to attend
public schools pursuant to section
3202 of the
Education Law and who, because of mental, physical or emotional reasons, has
been identified as having a disability and who requires special services and
programs approved by the department . The terms used in this definition are
defined as follows:
(1) Autism means a
developmental disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident before age 3, that
adversely affects a student'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 does not apply
if a student's educational performance is adversely affected primarily because
the student has an emotional disability as defined in paragraph (4) of this
subdivision. A student who manifests the characteristics of autism after age 3
could be diagnosed as having autism if the criteria in this paragraph are
otherwise satisfied.
(2) Deafness
means a hearing impairment that is so severe that the student is impaired in
processing linguistic information through hearing, with or without
amplification, that adversely affects a student's educational
performance.
(3) Deaf-blindness
means concomitant hearing and visual impairments, the combination of which
causes such severe communication and other developmental and educational needs
that they cannot be accommodated in special education programs solely for
students with deafness or students with blindness.
(4) Emotional disability 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 student's educational
performance:
(i) an inability to learn that
cannot be explained by intellectual, sensory, or health factors;
(ii) an inability to build or maintain
satisfactory interpersonal relationships with peers and teachers;
(iii) inappropriate types of behavior or
feelings under normal circumstances;
(iv) a generally pervasive mood of
unhappiness or depression; or
(v) a
tendency to develop physical symptoms or fears associated with personal or
school problems. The term includes schizophrenia.
The term does not apply to students who are socially
maladjusted, unless it is determined that they have an
(5)
Hearing impairment means an impairment in hearing, whether permanent or
fluctuating, that adversely affects the child's educational performance but
that is not included under the definition of deafness in this
section.
(6) Learning disability
means a disorder in one or more of the basic psychological processes involved
in understanding or in using language, spoken or written, which manifests
itself in an imperfect ability to listen, think, speak, read, write, spell, or
to do mathematical calculations, as determined in accordance with section
200.4(j) of this
Part. The term includes such conditions as perceptual disabilities, brain
injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term
does not include learning problems that are primarily the result of visual,
hearing or motor disabilities, of an intellectual disability , of emotional
disability , or of environmental, cultural or economic disadvantage.
(7) Intellectual disability means
significantly subaverage general intellectual functioning, existing
concurrently with deficits in adaptive behavior and manifested during the
developmental period, that adversely affects a student's educational
performance.
(8) Multiple
disabilities means concomitant impairments (such as intellectual
disability -blindness, intellectual disability -orthopedic impairment , etc.), the
combination of which cause such severe educational needs that they cannot be
accommodated in a special education program solely for one of the impairments.
The term does not include deaf-blindness .
(9) Orthopedic impairment means a severe
orthopedic impairment that adversely affects a student's educational
performance. The term includes impairments caused by congenital anomaly (e.g.,
clubfoot, absence of some member, etc.), impairments caused by disease (e.g.,
poliomyelitis, bone tuberculosis, etc.), and impairments from other causes
(e.g., cerebral palsy, amputation, and fractures or burns which cause
contractures).
(10) 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, that is due to
chronic or acute health problems, including but not limited to a heart
condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell
anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, attention
deficit disorder or attention deficit hyperactivity disorder or tourette
syndrome, which adversely affects a student's educational
performance.
(11) Speech or
language impairment means a communication disorder, such as stuttering,
impaired articulation, a language impairment or a voice impairment, that
adversely affects a student's educational performance.
(12) Traumatic brain injury means an acquired
injury to the brain caused by an external physical force or by certain medical
conditions such as stroke, encephalitis, aneurysm, anoxia or brain tumors with
resulting impairments that adversely affect educational performance. The term
includes open or closed head injuries or brain injuries from certain medical
conditions resulting in mild, moderate or severe impairments in one or more
areas, including cognition, language, memory, attention, reasoning, abstract
thinking, judgement, problem solving, sensory, perceptual and motor abilities,
psychosocial behavior, physical functions, information processing, and speech .
The term does not include injuries that are congenital or caused by birth
trauma.
(13) Visual impairment
including blindness means an impairment in vision that, even with correction,
adversely affects a student's educational performance. The term includes both
partial sight and blindness.
(aaa) Substantial regression means a
student's inability to maintain developmental levels due to a loss of skill or
knowledge during the months of July and August of such severity as to require
an inordinate period of review at the beginning of the school year to
reestablish and maintain IEP goals and objectives mastered at the end of the
previous school year.
(bbb)
Supplementary aids and services means aids, services, and other supports that
are provided in regular education classes, other education-related settings and
in extracurricular and nonacademic settings to enable students with
disabilities to be educated with nondisabled students to the maximum extent
appropriate in accordance with the least restrictive environment .
(ccc) Surrogate parent means a person
appointed to act in place of parents or guardians when a student's parents or
guardians are not known, or when after reasonable efforts, the board of
education cannot discover the whereabouts of a parent , the student is an
unaccompanied homeless youth or the student is a ward of the State and does not
have a parent who meets the definition in subdivision (ii) of this section, or
the rights of the parent to make educational decisions have been subrogated by
a judge in accordance with State law.
(ddd) Transitional support services means
those temporary services, specified in a student's individualized education
program , provided to a regular or special education teacher to aid in the
provision of appropriate services to a student with a disability transferring
to a regular program or to a program or service in a less restrictive
environment.
(eee) Twelve-month
special service and/or program means a special education service and/or program
provided on a year-round basis, for students determined to be eligible in
accordance with sections
200.6(k)(1) and
200.16(i)(3)(v) of
this Part whose disabilities require a structured learning environment of up to
12 months duration to prevent substantial regression . A special service and/or
program shall operate for at least 30 school days during the months of July and
August, inclusive of legal holidays, except that a program consisting solely of
related service(s) shall be provided with the frequency and duration specified
in the student's individualized education program .
(fff) Transition services means a coordinated
set of activities for a student with a disability , designed within a
results-oriented process that is focused on improving the academic and
functional achievement of the student with a disability to facilitate the
student's movement from school to post-school activities, including, but not
limited to, post-secondary education, vocational education, integrated
employment (including supported employment), continuing and adult education,
adult services, independent living, or community participation. The coordinated
set of activities must be based on the student's strengths, preferences and
interests, and shall include needed activities in the following areas:
(1) instruction;
(2) related services ;
(3) community experiences;
(4) the development of employment and other
post-school adult living objectives; and
(5) when appropriate, acquisition of daily
living skills and provision of a functional vocational
evaluation.
(ggg) Travel
training is a special education service that means providing instruction, as
appropriate, to students with significant cognitive disabilities, and any other
students with disabilities who require this instruction, to enable them to
develop an awareness of the environment in which they live; and learn the
skills to move effectively and safely from place to place within that
environment (e.g., in school, in the home, at work, and in the
community).
(hhh) Homeless youth
means the same as the term homeless child as defined in section
100.2(x) of this
Title.
(iii) Limited English
proficient student means the same as the term pupils with limited English
proficiency as defined in section 154.2(a) of this Title.
(jjj) Universal design means a concept or
philosophy for designing and delivering products and services that are usable
by people with the widest possible range of functional capabilities, which
include products and services that are directly usable (without requiring
assistive technologies) and products and services that are made usable with
assistive technologies.
(kkk) Ward
of the State means a child or youth under the age of 21:
(1) who has been placed or remanded pursuant
to section
358-a,
384 or
384-a of
the Social Services Law, or article 3, 7, or 10 of the Family Court Act, or
freed for adoption pursuant to section
383-c,
384 or
384-b of
the Social Services Law; or
(2) who
is in the custody of the Commissioner of Social Services or the Office of
Children and Family Services; or
(3) who is a destitute child under section
398
(1) of the Social Services
Law.
(lll) Aversive
intervention means the same as such term is defined in section
19.5(b)(1) of this
Title.
(mmm) Behavioral
intervention plan means a plan that is based on the results of a functional
behavioral assessment and, at a minimum, includes a description of the problem
behavior, global and specific hypotheses as to why the problem behavior occurs
and intervention strategies that include positive behavioral supports and
services to address the behavior.
(nnn) Interpreting services means oral
transliteration services, cued language transliteration services, sign language
transliteration and interpreting services and transcription services, such as
communication access real-time translation (CART), C-Print and TypeWell for
students who are deaf or hard of hearing; and special interpreting services for
students who are deaf-blind.
(ooo)
Declassification support services means those services provided by persons
appropriately certified or licensed pursuant to Part 80 of this Title in the
appropriate area of service, to a student or such student's teacher(s) to aid
in such student's transition from special education to full-time regular
education, including:
(1) for the student,
psychological services, social work services, speech and language services,
counseling (other than career counseling), and other appropriate support
services; and
(2) for the student's
teacher(s), the assistance of supplementary school personnel , and consultation
with appropriate personnel.
(ppp) Approved evaluator means either:
(1) a group of professionals associated with
a public or private agency approved by the commissioner pursuant to section
200.7(a) of this
Part that are appropriately licensed and/or certified to conduct evaluations of
preschool students with disabilities; or
(2) a school district that has staff with
appropriate New York State licensure and/or certification to conduct
evaluations of preschool students with disabilities.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.