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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 4. Education and Early Development. |
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Chapter 4.52. Education for Children with Disabilities and Gifted Children. |
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Article 4.52.2. Program Administration: Children with Disabilities. |
Section 4.52.790. Definitions.
Latest version.
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As used in 4 AAC 52.090 - 4 AAC 52.790, unless the context requires otherwise, (1) "assistive technology device" means an 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; (2) "assistive technology service" means a service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device, including (A) the evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices for children with disabilities; (C) selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or providing technical assistance for a child with a disability, or if appropriate, that child's family; and (F) training or providing 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 individuals with disabilities; (3) "child with a disability" means a child with cognitive impairment, learning disabilities, emotional disturbance, deafness, deaf-blindness, hearing impairment, orthopedic impairment, other health impairment, speech impairment, visual impairment, multiple disabilities, early childhood development delay, autism, or traumatic brain injury within the meaning of 4 AAC 52.130; (4) "educational performance" means performance in school, or, in the case of a preschool child with a disability, performance in an age-appropriate setting; (5) "emotionally disturbed" means eligible for special education and related services for an emotional disturbance under 4 AAC 52.130(d); (6) "evaluation" means procedures used in accordance with 34 C.F.R. 300.304 - 300.306 and 300.308 - 300.311, adopted by reference in 4 AAC 52.120, to determine whether the individual child has a disability and the nature and extent of the special education and related services that the child needs; "evaluation" does not include basic tests administered to, or procedures used with, all children in a school, grade, or class; (7) "FAPE" means free appropriate public education; (8) "free appropriate public education" has the same meaning given that term in 34 C.F.R. 300.17, as revised as of October 13, 2006, and adopted by reference; (9) "guardian" means a person designated by a will or appointed by a court to exercise the rights and responsibilities with regard to a child; (10) "IEP" means individualized education program; (11) "individualized education program" has the same meaning given that term in 34 C.F.R. 300.22, as revised as of October 13, 2006, and adopted by reference; (12) "interim alternative educational setting" means a change of placement determined through disciplinary proceedings carried out under 4 AAC 52.550(l), that meets the procedures and requirements in 34 C.F.R. 300.531, as revised as of October 13, 2006, and adopted by reference; (13) "location," in the context of providing a service under an IEP, means the type of environment that is the appropriate place for provision of the service; (14) "parent" means a (A) natural or adoptive parent of a child; (B) guardian, but not the state if the child is a ward of the state; (C) person who is acting in the place of a natural or adoptive parent, such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare; (D) surrogate parent who has been appointed under AS 14.30.325 and 4 AAC 52.590; and (E) foster parent who meets the conditions described in 4 AAC 52.600(d) for serving as the parent for purposes of special education; (15) "related services" has the same meaning given that term in AS 14.30.350; (16) "screening" means a brief procedure for identifying children who should receive a more comprehensive diagnostic assessment; "screening" includes informal non-standardized procedures, and formal standardized procedures; (17) "special education" has the same meaning given that term in AS 14.30.350; (18) "specially designed instruction" means the content, methodology, or delivery of instruction, adapted to (A) address the unique needs of a child that result from the child's disability; and (B) ensure the child's access to the general curriculum, so that the child can meet the educational standards of the district that apply to all children; (19) "supplementary aids and services" means aids, services, and other supports that are provided in regular education classes, other education-related settings, or extracurricular or nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with 34 C.F.R. 300.114 - 300.116, as revised as of October 13, 2006, and adopted by reference; (20) "basic adaptive skills" means, beginning in the school year that commences July 1, 2010, rudimentary facility, as appropriate to the age of the student, in (A) communication; (B) social or emotional development; (C) motor development; (D) cognitive functioning; (E) behavior; and (F) daily living or self help skills; (21) "multiple services" means more than one special education service or related service; (22) repealed 1/17/2007; (23) "appropriate to the age of the student" means with consideration of the wide range of ages during which children develop skills, particularly children under six years of age for whom a basic skill may be developing or emerging; (24) "individual care" means providing for the health, safety, and educational needs of the student with personal attention by a certified special education teacher, a special education aide, or another trained person; for purposes of this paragraph, "personal attention" means (A) full-time one-on-one attention; or (B) attention provided on other than a one-to-one basis if (i) one-on-one care is not required for a particular intensive student; (ii) the district has provided the level of care necessary to protect the health and safety of the child; and (iii) the teacher, aide, or another trained person attends to no more than three intensive students at a time; (25) "rudimentary facility" means, beginning July 1, 2011, (A) scoring two standard deviations below the mean on a standardized adaptive measure approved by the department; or (B) if no standard measure is available, documentation that demonstrates a level of skill or performance that is two standard deviations below the mean.
Authorities
14.07.060;14.30.180;14.30.186;14.30.193;14.30.194;14.30.250;14.30.255;14.30.272;14.30.285;14.30.325;14.30.350
Notes
Authority
AS 14.07.060 AS 14.30.180 AS 14.30.186 AS 14.30.193 AS 14.30.194 AS 14.30.250 AS 14.30.255 AS 14.30.272 AS 14.30.285 AS 14.30.325 AS 14.30.350History
Eff. 8/22/2001, Register 159; am 8/29/2004, Register 171; am 1/17/2007, Register 181; am 8/30/2007, Register 183; am 9/23/2007, Register 183; am 8/31/2008, Register 187; am 11/28/2009, Register 192; am 12/10/2010, Register 196