Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-003 - Definition of Terms

Current through June 17, 2024
003.01
Adjusted average per pupil cost
(AAPC)
of the
				preceding year means the amount computed by dividing the total instructional
				expenditure, excluding special education expenditures, by the preceding year's
				average daily membership as reported in the annual finance report. The costs of
				sectarian instruction shall not be included in determining the adjusted average
				per pupil cost of the preceding year and the computation shall be subject to
				audit by appropriate state agencies. (See Section oil.)
003.02
Assistive technology
				device
means any item, piece of equipment, or product system,
				whether acquired commercially off the shelf, modified, or customized, that is
				used to increase, maintain, or improve functional capabilities of a child with
				a disability. The term does not include a medical device that is surgically
				implanted, or the replacement of such device.
003.03
Assistive technology
				service
means any service that directly assists a child with a
				disability in the selection, acquisition or use of an assistive technology
				device. The term includes the evaluation of the needs of a child with a
				disability, including a functional evaluation of the child in the child's
				customary environment; purchasing, leasing, or otherwise providing for the
				acquisition of assistive technology devices by children with a disability;
				selecting, designing, fitting, customizing, adapting, applying, maintaining,
				repairing or replacing of assistive technology devices; coordinating and using
				other therapies, interventions, or services with assistive technology devices,
				such as those associated with existing education and rehabilitation plans and
				programs; training or technical assistance for a child with a disability, or if
				appropriate, that child's family; and training or 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 the child
				with a disability.
003.04
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 children or their parents as a part of
				the regular education program.
003.05
Below age
				five
means those children who have not reached their fifth
				birthday on or before July 31 of the current school year.
003.06
Categorical
				program
means a special education program setting in which
				services are provided to children with the same disability.
003.07
Child
				find
means that all children with disabilities residing in the
				State, including children with disabilities who are homeless children, or are
				wards of the State and children with disabilities attending nonpublic schools,
				regardless of the severity of their disability, and who are in need of special
				education and related services, are identified, located, and evaluated; and a
				practical method is developed and implemented to determine which children are
				currently receiving needed special education and related services (See Section
				006).
003.08
Child
				with a disability
means a child who has been verified pursuant
				to Section 006 as a child with autism, a behavior disorder (herein referred to
				as emotional disturbance), deaf-blindness, a developmental delay, a hearing
				impairment including deafness, an intellectual disability, multiple impairment,
				an orthopedic impairment, an other health impairment, a specific learning
				disability, a speech-language impairment, a traumatic brain injury or a visual
				impairment including blindness, who because of this impairment needs special
				education and related services. If, under 92 NAC 51-003.56, it is determined,
				through an appropriate evaluation under Section 006, that a child has one of
				the disabilities identified above, but only needs a related service and not
				special education, the child is not a child with a disability under this
				Chapter. If the related service required by the child is considered special
				education rather than a related service, the child would be determined to be a
				child with a disability.
003.09
Consent
means that the parent has been fully
				informed of all information relevant to the activity for which consent is
				sought, in his or her native language, or other mode of communication; that the
				parent understands and agrees in writing to the carrying out of the activity
				for which his or her consent is sought; that the consent includes a description
				of the proposed activity and a list of records (if any) which will be released
				and to whom they will be released; and the parent understands that the granting
				of consent is voluntary and may be revoked at any time. If a parent revokes
				consent, that revocation is not retroactive (i.e., it does not negate an action
				that has occurred after the consent was given and before the consent was
				revoked). If the parent revokes consent in writing for their child's receipt of
				special education services after the child is initially provided special
				education and related services, the school district or approved cooperative is
				not required to amend the child's education records to remove any references to
				the child's receipt of special education and related services because of the
				revocation of consent.
003.10
Controlled substance
means a drug or other
				substance identified under schedules I, II, III, IV or V in Section 202(c) of
				the Controlled Substances Act (21 U.S.C.
				812(c)).
003.11
Cooperative
means two or more school districts or
				an Educational Service Unit (ESU) approved by the Nebraska Department of
				Education to jointly perform special education functions, including receipt of
				special education payments.
003.12
Core Academic Subjects
has the meaning given the
				term in Section 602(4) of the Individuals with Disabilities Education Act of
				2004. (See Appendix A)
003.13
Day
means calendar day unless otherwise indicated
				as business day or school day;
003.13A
Business day
means Monday through Friday, except
				for Federal and State holidays (unless holidays are specifically included in
				the designation of business day) as in 92 NAC 51-015.02C2.
003.13B
School
				day
means any day, including a partial day, that children are
				in attendance at school for instructional purposes. The term school day has the
				same meaning for all children in school, including children with and without
				disabilities.