53E-7-201. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

As used in this part:

(1)"Child with a disability" means the same as that term is defined in 34 C.F.R. Sec. 300.8.

(2)"Due process hearing" means an administrative due process hearing authorized by 20 U.S.C. Sec. 1415.

(3)"IEP team" means the same as that term is defined in 34 C.F.R. Sec. 300.321.

(4)"LEA special education program" means systems an LEA establishes to:

(a)implement an eligible student's IEP;

(b)appropriately and timely identify eligible students;

(c)evaluate and classify eligible students by qualified personnel;

(d)implement standards for special education classes and services;

(e)deliver special education service responsibilities;

(f)ensure special education instructional staff are appropriately credentialed; and

(g)provide services for dual enrollment students that are:

(i)eligible students; and

(ii)attending public school on a part-time basis.

(5)"Least restrictive environment" means the same as that term is defined in 34 C.F.R. Secs. 300.114 through 300.116.

(6)"Special education" means the same as that term is defined in 34 C.F.R. Sec. 300.39.

(7)"Specially designed instruction" means the same as that term is defined in 34 C.F.R. Sec. 300.39.

(8)"Student who is eligible for special education services" or "eligible student" means a child with a disability who is:

(a)at least 3 years old but younger than 22 years old; or

(b)22 years old, if the school year in which the child with a disability turned 22 years old has not yet ended.

Amended by Chapter 431 , 2022 General Session