200 R.I. Code R. 200-RICR-20-30-6.4

Current through December 3, 2024

Section 200-RICR-20-30-6.4 - Definitions

A. "Act" means the Individuals with Disabilities Education Act in accordance with 34 C.F.R. § 300.4, incorporated by reference above.

B. "Assistive technology device" has the same meaning as used in 34 C.F.R. § 300. 5, incorporated by reference above.

C. "Assistive technology service" has the same meaning as used in 34 C.F.R. § 300.6, incorporated by reference above.

D. "Charter school" has the same meaning as used in 34 C.F.R. § 300.7, incorporated by reference above.

E. "Child with a disability" has the same meaning as used in 34 C.F.R. § 300.8, incorporated by reference above; provided, however:

1. A "Child with a disability" as defined in 34 C.F.R. § 300.8(a)(1) applies to children aged three (3) to twenty-one (21).

2. Includes children aged three (3) through eight (8) experiencing developmental delays.

a. Child with a disability, for children aged three (3) through eight (8) (up to the child's ninth birthday), includes a child who shall qualify for special education and related services when the child is experiencing a developmental delay or a disability, as determined by the evaluation process; and

b. Who, by reason thereof, needs special education and related services.

c. A developmental delay or disability is defined as a twenty-five per cent (25%) delay and/or score equal to or greater than two standard deviations below the mean in one of the following areas of development; or a score equal to or greater than 1.5 standard deviations below the mean in two (2) or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development.

3. "Autism", as used in 34 C.F.R. § 300.8(c)(1)(i) means "Autism Spectrum Disorder," a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3) that adversely affects a child's educational performance.

Included in the spectrum are: Autism, Pervasive Developmental Disorder Not Otherwise Specified, Rett's Disorder, Asperger's Disorder and Childhood Disintegrative Disorder. 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 child's educational performance is adversely affected primarily because the child has an emotional disturbance as defined herein.

a. A child who manifests the characteristics of autism spectrum disorder after age three (3) could be diagnosed as having autism spectrum disorder if the criteria of this section are satisfied.

F. "Consent" has the same meaning as used in 34 C.F.R. § 300.9, incorporated by reference above.

G. "Day; business day; school day" has the same meaning as used in 34 C.F.R. § 300.11, incorporated by reference above, provided, however:

1. "School day" is defined the same as used in 34 C.F.R. § 300.11(c)(1), provided however, "school day" includes a partial day that children are in attendance at school for instructional purposes.

2. "School day" is defined the same as used in 34 C.F.R. § 300.11(c)(2), provided however, "school day" has the same meaning for all children in school, including children with and without disabilities, except for preschool aged children with mild to moderate disabilities for whom a school day shall consist of a minimum of a two and one-half (2 1/2) hours.

a. A school day for pre-school aged children with severe or profound intellectual disability or multiple disabilities shall consist of a minimum of five (5) hours.

H. "Educational service agency" or "ESA" has the same meaning as used in 34 C.F.R. § 300.12, incorporated by reference above.

I. "Elementary school" has the same meaning as used in 34 C.F.R. § 300.13, incorporated by reference above.

J. "Equipment" has the same meaning as used in 34 C.F.R. § 300.14, incorporated by reference above.

K. "Evaluation" has the same meaning as used in 34 C.F.R. § 300.15, incorporated by reference above.

L. "Excess costs" has the same meaning as used in 34 C.F.R. § 300.16, incorporated by reference above.

M. "Free appropriate public education" or "FAPE" has the same meaning as used in 34 C.F.R. § 300.17, incorporated by reference above.

N. "Homeless children" has the same meaning as used in 34 C.F.R. § 300.19, incorporated by reference above.

O. "Include" has the same meaning as used in 34 C.F.R. § 300.20, incorporated by reference above.

P. "Indian" and "Indian tribe" has the same meaning as used in 34 C.F.R. § 300.21, incorporated by reference above.

Q. "Individualized education program" or "IEP" has the same meaning as used in 34 C.F.R. § 300.22, incorporated by reference above.

R. "Individualized education program team" or "IEP team" has the same meaning as used in 34 C.F.R. § 300.23, incorporated by reference above.

S. "Individualized family service plan" or "IFSP" has the same meaning as used in 34 C.F.R. § 300.24, incorporated by reference above.

T. "Infant or toddler with a disability" has the same meaning as used in 34 C.F.R. § 300. 25, incorporated by reference above.

U. "Institution of higher education" has the same meaning as used in 34 C.F.R. § 300. 26, incorporated by reference above.

V. "Limited English proficient" has the same meaning as used in 34 C.F.R. § 300. 27, incorporated by reference above.

W. "Local educational agency" has the same meaning as used in 34 C.F.R. § 300. 28, incorporated by reference above.

X. "Native language" has the same meaning as used in 34 C.F.R. § 300.29, incorporated by reference above.

Y. "Parent" has the same meaning as used in 34 C.F.R. § 300.30, incorporated by reference above.

Z. "Parent training and information center" has the same meaning as used in 34 C.F.R. § 300.31, incorporated by reference above.

AA. "Personally identifiable" has the same meaning as used in 34 C.F.R. § 300.32, incorporated by reference above.

BB. "Public agency" has the same meaning as used in 34 C.F.R. § 300.33, incorporated by reference above.

CC. "Related services" has the same meaning as used in 34 C.F.R. § 300.34, incorporated by reference above, provided however:

1. "Physical therapy" has the same meaning as used in 34 C.F.R. § 300.34(c)(9), provided, however, services may also be provided by a qualified physical therapy assistant under the supervision of a qualified physical therapist.

2. "Transportation" has the same meaning as 34 C.F.R. § 300.34(c)(16), provided however, "transportation" includes:

a. Travel to and from school and between schools;

b Travel in and around school buildings, travel to and from community and work-based instruction sites as determined by the IEP team;

c. Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability; and

d. Those requirements in § 6.10.3 of this Part.

DD. "Secondary school" has the same meaning as used in 34 C.F.R. § 300.36, incorporated by reference above.

EE. "Services plan" has the same meaning as used in 34 C.F.R. § 300.37, incorporated by reference above.

FF. "Secretary" has the same meaning as used in 34 C.F.R. § 300.38, incorporated by reference above.

GG. "Special education" has the same meaning as used in 34 C.F.R. § 300.39, incorporated by reference above, provided however:

1. "Special education" includes speech-language pathology services for students through eight (8) years of ages (up to the child's ninth (9th) birthday).

HH. "State educational agency" or "SEA" means the Rhode Island Department of Elementary and Secondary Education (RIDE) which is responsible for the general supervision of all education programs for children with disabilities in Rhode Island including all such programs administered by any other state or local agency.

II. "Supplementary aids and services" has the same meaning as used in 34 C.F.R. § 300.42, incorporated by reference above.

JJ. "Transition services" has the same meaning as used in 34 C.F.R. § 300.43, incorporated by reference above.

KK. "Universal design" has the same meaning as used in 34 C.F.R. § 300.44, incorporated by reference above.

LL. "Ward of the State" has the same meaning as used in 34 C.F.R. § 300.45, incorporated by reference above.

MM. "Vocational evaluation" is a strength-based, student-centered process, by which information is obtained to assist students in designing individualized education and vocational services to reach their career goals. This includes the use of formal and informal methods to collect information, including: Interest inventories, student interviews, parent interviews, skill and aptitude tests, on-campus and off-campus situational assessments, work samples, vocational evaluations, performance in career related courses and other methods. Vocational evaluation is an ongoing process, not a single test or procedure. The results of Vocational evaluation are shared at IEP meetings, and the information obtained through the Vocational evaluation should be infused into designing the student's educational services and in developing appropriate, measurable post-secondary goals.

200 R.I. Code R. 200-RICR-20-30-6.4

Adopted effective 1/9/2019