Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-2 - Definitions

Current through June, 2024
As used in this chapter:
"Audiological services for diagnostic or evaluation
				  purposes" means services provided by a licensed audiologist to test and measure
				  a child's ability to hear, assess the type, severity and site of any hearing
				  impairment, and identify any communication disorder which may affect the
				  child's speech, language, auditory function, or auditory behavior. Such
				  services may include audiometric testing, impedance testing, central auditory
				  assessment, brain stem evoked response testing, vestibular testing, and hearing
				  aid evaluations.
"Clinical evaluation of mental health status" means a
				  clinical assessment conducted by the mental health division children's staff
				  under the supervision and review of a department psychiatrist or clinical
				  psychologist, or a licensed psychiatrist or clinical psychologist contracted by
				  the department's mental health division, for the purpose of formulating a
				  diagnostic and prognostic impression about a child to be used by the department
				  of education multi-disciplinary evaluation team and school personnel, to
				  determine whether a child is handicapped and therefore eligible to receive
				  special education and related services pursuant to P.L. 94-142, or to
				  contribute to the formulation of an appropriate educational program and
				  placement for an eligible handicapped child.
"Department" means the department of health.
"Direct treatment services" (DTS) means those related
				  services specifically designed to meet the unique needs of a particular
				  handicapped child, which are provided to facilitate the child's achievement of
				  the goals and objectives identified in the child's IEP. It includes individual
				  and group activities, instruction, training, therapy, counseling, or treatment
				  for the child. DTS are provided by personnel other than the child's
				  teacher.
"District" means any of the seven specific geographic school
				  divisions of the State as designated by the department of education.
"Evaluation" means those activities involved in gathering
				  information about a specific child to determine whether a child is eligible for
				  special education services and the nature and extent of the special education
				  and related services the child needs. An evaluation is made up of separate
				  assessments that cover all areas related to the suspected disability, including
				  where appropriate, health, vision, hearing, social and emotional status,
				  general intelligence, academic performance, communicative status, and motor
				  abilities. (The department shall prepare only those particular assessments more
				  specifically defined and described in this chapter.) Testing and evaluation
				  materials and procedures used for the purposes of evaluation and placement of
				  handicapped children shall be selected and administered so as not to be
				  racially or culturally discriminatory. Evaluation encompasses the following
				  terms and activities:
(1) Children who have a speech impairment may not need a
				  complete battery of assessments (such as those for psychological, physical, or
				  adaptive behavior). However, qualified speech and language personnel
				  would:
(A) Evaluate each speech impaired child using procedures that
				  are appropriate for the diagnosis and appraisal of speech and language
				  disorders, and
(B) Where necessary, make referrals for additional
				  assessments needed to make an appropriate placement decision.
(2) Initial or pre-placement evaluation means the first
				  comprehensive, full and individual evaluation that is conducted for any child
				  suspected of being handicapped;
(3) Re-evaluation means a comprehensive evaluation of a
				  handicapped child that is conducted every three years or more frequently if
				  conditions warrant, or if the child's parent or teacher requests one;
(4) Supplemental assessment means an assessment that is
				  deemed necessary in order to obtain additional information about a handicapped
				  child which is conducted after a handicapped child is placed in a special
				  education program; such assessments may be in areas such as mental health
				  services, speech or occupational or physical therapy; and
(5) Independent educational evaluation means an evaluation
				  conducted by a qualified examiner who is not employed by a public agency
				  responsible for the education of the child in question; whenever an independent
				  evaluation is at public expense, criteria for conducting the evaluation shall
				  meet State standards.
Unless the term "child" or "student" is used to describe a
				  person who is suspected of being a handicapped child, "exceptional child(ren),
				  who is handicapped," "handicapped child(ren)," "handicapped student," "child"
				  or "student" means a person residing in the State who will be at least three
				  years of age on or before December 31 of the school year and under twenty years
				  of age on the first instructional day of the school year, who has been found
				  eligible for special education and related services by the department of
				  education due to the presence of one or more of the following handicapping
				  conditions: mental retardation, hearing impairment, speech impairment, visual
				  impairment, serious emotional disturbance, orthopedic handicap or other health
				  impairment, deaf-blindness, severe multiple handicaps, or specific learning
				  disability. Any and all rights conferred upon parents by this chapter shall be
				  transferred to any student who reaches eighteen years of age and has not been
				  found incapacitated under section
				  560:5-101, Hawaii
				  Revised Statutes.
"Individualized education program" (IEP) means a written
				  statement, developed jointly by the handicapped child's parents, department and
				  department of education personnel, which includes a statement of the child's
				  present levels of educational performance, a statement of annual goals,
				  including short-term objectives, a statement of specific special education and
				  related services to be provided to the child and the extent to which the child
				  will be able to participate in regular education programs, the projected dates
				  for initiation of services and the anticipated duration of the services, and
				  appropriate objective criteria and evaluation procedures and schedules for
				  determining, on at least an annual basis, whether the short-term instructional
				  objectives are being achieved.
"Medical services for diagnostic or evaluation purposes"
				  means services provided by a licensed physician to identify any medically
				  related handicapping condition(s) and the relationship(s), if any, between that
				  condition(s) and the child's educational activities.
"Mental health division children's staff" means those
				  persons employed or whose services are contracted by the department's mental
				  health division to provide mental health services to children. These persons
				  include the staff of the children's mental health services branch, the
				  adolescent unit of the state hospital branch, the children's teams of
				  children's services units of the various mental health centers, and the courts
				  and corrections branch.
"Mental health services" means psychiatric or psychological
				  services for the purposes of obtaining data to be used in determining whether a
				  child is handicapped and therefore eligible to receive special education and
				  related services pursuant to P.L. 94-142, and providing consultation and
				  training to school personnel, and individualized counseling and therapy to an
				  eligible handicapped child.
"Occupational therapy" means those services including
				  evaluation, problem identification and treatment, provided by a certified,
				  registered occupational therapist or a certified occupational therapy assistant
				  to improve the handicapped child's ability to perform in the areas of
				  self-maintenance, and sensory, motor, and perceptual skills required of a
				  productive member in the community.
"Physical therapy" means those services, including
				  evaluation, program planning, treatment, consultation, and instruction,
				  provided or supervised by a licensed physical therapist, physical therapy
				  assistant, or therapy aide to prevent or minimize the effects of a physical
				  disability or dysfunction and to enhance the student's potential for
				  independent functioning in areas including mobility, self help skills, gross
				  motor development, and health maintenance of the musculo-skeletal
				  system.
"Related services" means mental health services,
				  occupational therapy, physical therapy, audiological and medical services for
				  diagnostic or evaluation purposes, parent counseling and training, and school
				  health services which are required to assist a handicapped child to benefit
				  from special education.
"School health services" means first aid and individualized
				  health care service, preventive health care, and health appraisals and
				  follow-up care which are provided by school nurses, health aides, and other
				  qualified persons, pursuant to title 11, chapter 146, Administrative
				  Rules.
"School nurse" means the registered professional nurse
				  assigned by the department to the school health complex of which a particular
				  school is a part, who is responsible for providing and/or coordinating the
				  delivery of school health services within that complex.
"Student oriented consultation" (SOC) means conferring with
				  the teacher(s) of a particular handicapped student regarding physical therapy,
				  occupational therapy, or mental health treatment services responsive to the
				  unique needs of that student. Consultation is provided to assist the teacher(s)
				  in the implementation and assessment of the services, and goals and objectives
				  which have been or may appropriately be developed for that student.
"Teacher oriented consultation" (TOC) means conferring with
				  teacher(s) of handicapped children to assist them in the development and
				  maintenance of a therapeutic learning environment for handicapped
				  children.