Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.51 - Other Definitions Applicable to This Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The following additional definitions apply to this
				  chapter.
(1)
Appropriate
				activities.
"Appropriate activities" means those activities that are
				consistent with age-relevant abilities or milestones that typically developing
				children of the same age would be performing or would have achieved.
(2)
Board.
"Board" means the
				Iowa state board of education.
(3)
Department.
"Department" means the state department of
				education.
(4)
Director.
"Director" means the director of special education
				of the AEA.
(5)
Director of
				education.
"Director of education" means the state director of the
				department of education.
(6)
Early childhood special education.
"Early childhood special
				education" or "ECSE" means special education and related services for those
				individuals below the age of six.
(7)
General curriculum.
"General curriculum" means the curriculum adopted by an LEA or schools within
				the LEA for all children from preschool through secondary school.
(8)
General education
				environment.
"General education environment" includes, but is not
				limited to, the classes, classrooms, services, and nonacademic and
				extracurricular services and activities made available by an agency to all
				students. For preschool children who require special education, the general
				education environment is the environment where appropriate activities occur for
				children of similar age without disabilities.
(9)
General education
				interventions.
"General education interventions" means attempts to
				resolve presenting problems or behaviors of concern in the general education
				environment prior to conducting a full and individual evaluation as described
				in rule 281-41.312 (256B, 34CFR300
				).
(10)
Head
				injury.
"Head injury" means an acquired injury to the brain caused by
				an external physical force, resulting in total or partial functional disability
				or psychosocial impairment, or both, that adversely affects an individual's
				educational performance. The term applies to open or closed head injuries
				resulting in impairments in one or more areas such as cognition; language;
				memory; attention; reasoning; abstract thinking; judgment; problem solving;
				sensory, perceptual and motor abilities; psychosocial behavior; physical
				functions; information processing; and speech. The term does not apply to brain
				injuries that are congenital or degenerative or brain injuries induced by birth
				trauma.
(11)
Multicategorical.
"Multicategorical" means special education
				in which the individuals receiving special education have different types of
				disabilities.
(12)
School
				district of the child's residence.
"School district of the child's
				residence" or "district of residence of the child" is that school district in
				which the parent of the individual resides, subject to the following:
a. If an eligible individual is physically
				present ("lives") in a district other than the district of residence of the
				individual's parent for a primary purpose other than school attendance, then
				the district of residence of the individual is the district in which the
				individual resides, and that district becomes responsible for providing and
				funding the special education and related services.
b. If an eligible individual is physically
				present ("lives") in a district other than the district of residence of the
				individual's parent solely for the purpose of school attendance, the district
				of residence remains that of the parent; therefore, the parent must pay tuition
				to the receiving district. The district of residence cannot be held responsible
				for tuition payment.
c. If an
				individual is physically present ("lives") in an intermediate care facility,
				residential care facility, or other similar facility, the individual's district
				of residence is deemed to be that of the individual's parents.
d. "Children living in a foster care
				facility" are individuals requiring special education who are living in a
				licensed individual or agency child foster care facility, as defined in Iowa
				Code section 237.1, or in an unlicensed
				relative foster care placement. District of residence of an individual living
				in a foster care facility and financial responsibility for special education
				and related services are determined pursuant to paragraph
				41.907(5)
"a."
e.
				"Children living in a treatment facility" are individuals requiring special
				education who are living in a facility providing residential treatment as
				defined in Iowa Code section
				125.2. District of residence of
				an individual living in a treatment facility and financial responsibility for
				special education and related services are determined pursuant to paragraph
				41.907(5)
"b."
f.
				"Children placed by the district court" are pupils requiring special education
				for whom parental rights have been terminated and who have been placed in a
				facility or home by a district court. Financial responsibility for special
				education and related services of individuals placed by the district court is
				determined pursuant to subrule 41.907(6).