Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 6 - Regulations Governing the Education of Children with Disabilities › Section 200-RICR-20-30-6.4 - Definitions

Current through June 14, 2024
A. "Act" means the Individuals with
				  Disabilities Education Act in accordance with
				   34 C.F.R. §
											300.4, incorporated by reference
				  above.
B. "Assistive technology
				  device" has the same meaning as used in  34 C.F.R. §
											300. 5, incorporated
				  by reference above.
C. "Assistive
				  technology service" has the same meaning as used in
				   34 C.F.R. §
											300.6, incorporated by reference above.
D. "Charter school" has the same
				  meaning as used in
				   34 C.F.R. §
											300.7, incorporated by reference
				  above.
E. "Child with a disability"
				  has the same meaning as used in
				   34 C.F.R. §
											300.8, incorporated by reference above;
				  provided, however:
1. A "Child with a
				  disability" as defined in
				   34 C.F.R. §
												300.8(a)(1)  applies to
				  children aged three (3) to twenty-one (21).
2. Includes children aged three (3) through
				  eight (8) experiencing developmental delays.
a. Child with a disability, for children aged
				  three (3) through eight (8) (up to the child's ninth birthday), includes a
				  child who shall qualify for special education and related services when the
				  child is experiencing a developmental delay or a disability, as determined by
				  the evaluation process; and
b. Who,
				  by reason thereof, needs special education and related services.
c. A developmental delay or disability is
				  defined as a twenty-five per cent (25%) delay and/or score equal to or greater
				  than two standard deviations below the mean in one of the following areas of
				  development; or a score equal to or greater than 1.5 standard deviations below
				  the mean in two (2) or more of the following areas: Physical development,
				  cognitive development, communication development, social or emotional
				  development, or adaptive development.
3. "Autism", as used in
				   34 C.F.R. §
												300.8(c)(1)(i)  means "Autism
				  Spectrum Disorder," a developmental disability significantly affecting verbal
				  and nonverbal communication and social interaction, generally evident before
				  age three (3) that adversely affects a child's educational performance.
Included in the spectrum are: Autism, Pervasive
					 Developmental Disorder Not Otherwise Specified, Rett's Disorder, Asperger's
					 Disorder and Childhood Disintegrative Disorder. Other characteristics often
					 associated with autism are engagement in repetitive activities and stereotyped
					 movements, resistance to environmental change or change in daily routines, and
					 unusual responses to sensory experiences. The term does not apply if a child's
					 educational performance is adversely affected primarily because the child has
					 an emotional disturbance as defined herein.
a. A child who manifests the characteristics
				  of autism spectrum disorder after age three (3) could be diagnosed as having
				  autism spectrum disorder if the criteria of this section are
				  satisfied.