16.1603 Definitions.

Cite as [A.S.C.A. § 16.1603]

As used in this chapter:

(1) "Children with disabilities" include those persons three through 21 years of age who have mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities deaf-blindness or multiple disabilities who because of those disabilities need special education and related services.

(2) “Department” means the Department of Education.

(3) “Director” means the Director of Education.

(4) “Special Education” means;

(A) specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including;

(i) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(ii) instruction in physical education.

(B) including speech language pathology services, or any other related service, if the service is considered special education rather than a related service under state standards.

(C) vocational education and travel training. The terms in this definition are defined as follows:

(i) "At no cost" means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.

(ii) "Physical education" is defined as follows:

(a) the development of - (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); and

(b) special physical education, adaptive physical education, movement education, and motor development.

(iii) “Specially designed instruction” means adapting, as appropriate to the needs of an eligible child the content, methodology or delivery of instruction to address the unique needs of the child that result from the child’s disability and to ensure access of the child to the general curriculum so that he or she can meet the educational standards within the Territory that to all children.

(iv) “Travel training” means providing instruction, as appropriate to children with significant cognitive disabilities, and any other children with disabilities who require this instructor, to enable them to develop an awareness of the environment in which they live, and learn the skills necessary 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).

(v) “Vocational education” means organized educational programs that are 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 advance degree.

(5) “Related services” means those services included in “related services” as defined by federal rules and regulations authorized by 20 U.S.C. 1401 (22).

History: 1977, PL 15-1 § 3; amd 1993, PL 23-3; 2000, PL 26-33.