Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA › Part I - Definitions › Section 8VAC20-81-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Act" means the Individuals with Disabilities Education
					 Improvement Act,
					 P.L.
					 108-446, December 3, 2004, § 1400 et seq.
					 (34 CFR
					 300.4)
"Age of eligibility" means all eligible children with
					 disabilities who have not graduated with a standard or advanced studies high
					 school diploma who, because of such disabilities, are in need of special
					 education and related services, and whose second birthday falls on or before
					 September 30, and who have not reached their 22nd birthday on or before
					 September 30 (two to 21, inclusive) in accordance with the Code of Virginia. A
					 child with a disability whose 22nd birthday is after September 30 remains
					 eligible for the remainder of the school year. (§ 22.1-213 of the Code of
					 Virginia;
					 34 CFR
					 300.101(a) and 34 CFR
					 300.102(a)(3)(ii))
"Age of majority" means the age when the procedural
					 safeguards and other rights afforded to the parent of a student with a
					 disability transfer to the student. In Virginia, the age of majority is 18.
					 (§ 1-204 of the Code of Virginia;
					 34 CFR
					 300.520)
"Agree or agreement" - see the definition for
					 "consent."
"Alternate assessment" means the state assessment program,
					 and any school division wide assessment to the extent that the school division
					 has one, for measuring student performance against alternate achievement
					 standards for students with significant intellectual disabilities who are
					 unable to participate in statewide Standards of Learning testing, even with
					 accommodations. (34 CFR
					 300.320(a)(2)(ii) and 34 CFR
					 300.704(b)(4)(x))
"Alternative assessment" means the state assessment program
					 for measuring student performance on grade level standards for students with
					 disabilities who are unable to participate in statewide Standards of Learning
					 testing, even with accommodations.
"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 the
					 functional capabilities of a child with a disability. The term does not include
					 a medical device that is surgically implanted, or the replacement of that
					 device. (34 CFR
					 300.5)
"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: (34 CFR
					 300.6)
1. The evaluation of the needs of a child with a
					 disability, including a functional evaluation of the child in the child's
					 customary environment;
2. Purchasing, leasing, or otherwise providing for the
					 acquisition of assistive technology devices by children with
					 disabilities;
3. Selecting, designing, fitting, customizing, adapting,
					 applying, maintaining, repairing, or replacing assistive technology
					 devices;
4. Coordinating and using other therapies, interventions,
					 or services with assistive technology devices, such as those associated with
					 existing education and rehabilitation plans and programs;
5. Training or technical assistance for a child with a
					 disability or, if appropriate, that child's family; and
6. 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 that child.
"At no cost" means that all specially designed instruction
					 is provided without charge, but does not preclude incidental fees that are
					 normally charged to students without disabilities or their parent as part of
					 the regular education program. (34 CFR
					 300.39(b)(1))
"Audiology" means services provided by a qualified
					 audiologist licensed by the Board of Audiology and Speech-Language Pathology
					 and includes: (Regulations Governing the Practice of Audiology and
					 Speech-Language Pathology, 18VAC30-20;
					 34 CFR
					 300.34(c)(1))
1. Identification of children with hearing loss;
2. Determination of the range, nature, and degree of
					 hearing loss, including referral for medical or other professional attention
					 for the habilitation of hearing;
3. Provision of habilitative activities, such as language
					 habilitation, auditory training, speech reading (lip-reading), hearing
					 evaluation, and speech conservation;
4. Creation and administration of programs for prevention
					 of hearing loss;
5. Counseling and guidance of children, parents, and
					 teachers regarding hearing loss; and
6. Determination of children's needs for group and
					 individual amplification, selecting and fitting an appropriate aid, and
					 evaluating the effectiveness of amplification.
"Autism" means a developmental disability significantly
					 affecting verbal and nonverbal communication and social interaction, generally
					 evident before age three, that adversely affects a child's educational
					 performance. 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. Autism does not apply if a child's educational performance is
					 adversely affected primarily because the child has an emotional disturbance. A
					 child who manifests the characteristics of autism after age three could be
					 identified as having autism if the criteria in this definition are satisfied.
					 (34 CFR
					 300.8(c)(1))
"Behavioral intervention plan" means a plan that utilizes
					 positive behavioral interventions and supports to address behaviors that
					 interfere with the learning of students with disabilities or with the learning
					 of others or behaviors that require disciplinary action.
"Business day" means Monday through Friday, 12 months of
					 the year, exclusive of federal and state holidays (unless holidays are
					 specifically included in the designation of business days, as in
					 8VAC20-81-150
					 B 4 a (2)). (34 CFR
					 300.11)
"Calendar days" means consecutive days, inclusive of
					 Saturdays and Sundays. Whenever any period of time fixed by this chapter shall
					 expire on a Saturday, Sunday, or federal or state holiday, the period of time
					 for taking such action under this chapter shall be extended to the next day,
					 not a Saturday, Sunday, or federal or state holiday. (34 CFR
					 300.11)
"Career and technical education" means organized
					 educational activities that offer a sequence of courses that: (20 USC §
											2301 et seq.)
1. Provides individuals with the rigorous and challenging
					 academic and technical knowledge and skills the individuals need to prepare for
					 further education and for careers (other than careers requiring a master's or
					 doctoral degree) in current or emerging employment sectors;
2. May include the provision of skills or courses necessary
					 to enroll in a sequence of courses that meet the requirements of this
					 subdivision; or
3. Provides, at the postsecondary level, for a one-year
					 certificate, an associate degree, or industry-recognized credential and
					 includes competency-based applied learning that contributes to the academic
					 knowledge, higher-order reasoning and problem-solving skills, work attitudes,
					 general employability skills, technical skills, and occupational-specific
					 skills.
"Caseload" means the number of students served by special
					 education personnel.
"Change in identification" means a change in the
					 categorical determination of the child's disability by the group that
					 determines eligibility.
"Change in placement" or "change of placement" means when
					 the local educational agency places the child in a setting that is
					 distinguishable from the educational environment to which the child was
					 previously assigned and includes: (34 CFR
					 300.102(a)(3)(iii), 34 CFR
					 300.532(b)(2)(ii) and
					 34 CFR
					 300.536)
1. The child's initial placement from general education to
					 special education and related services;
2. The expulsion or long-term removal of a student with a
					 disability;
3. The placement change that results from a change in the
					 identification of a disability;
4. The change from a public school to a private day,
					 residential, or state-operated program; from a private day, residential, or
					 state-operated program to a public school; or to a placement in a separate
					 facility for educational purposes;
5. Termination of all special education and related
					 services; or
6. Graduation with a standard or advanced studies high
					 school diploma.
A "change in placement" also means any change in the
					 educational setting for a child with a disability that does not replicate the
					 elements of the educational program of the child's previous setting.
"Change in placement" or "change of placement," for the
					 purposes of discipline, means: (34
					 CFR 300.536)
1. A removal of a student from the student's current
					 educational placement is for more than 10 consecutive school days; or
2. The student is subjected to a series of removals that
					 constitute a pattern because they cumulate to more than 10 school days in a
					 school year, and because of factors such as:
a. The length of each removal;
b. The child's behavior is substantially similar to the
					 child's behavior in previous incidents that resulted in the series of
					 removals;
c. The total amount of time the student is removed;
					 or
d. The proximity of the removals to one another.
"Chapter" means these regulations.
"Charter schools" means any school meeting the requirements
					 for charter as set forth in the Code of Virginia. (§§ 22.1-212.5
					 through 22.1-212.16 of the Code of Virginia;
					 34 CFR 300.7)
"Child" means any person who shall not have reached his
					 22nd birthday by September 30 of the current year.
"Child with a disability" means a child evaluated in
					 accordance with the provisions of this chapter as having an intellectual
					 disability, a hearing impairment (including deafness), a speech or language
					 impairment, a visual impairment (including blindness), a serious emotional
					 disability (referred to in this part as "emotional disability"), an orthopedic
					 impairment, autism, traumatic brain injury, an other health impairment, a
					 specific learning disability, deaf-blindness, or multiple disabilities who, by
					 reason thereof, needs special education and related services. This also
					 includes developmental delay if the local educational agency recognizes this
					 category as a disability in accordance with
					 8VAC20-81-80 M 3. If
					 it is determined through an appropriate evaluation that a child has one of the
					 disabilities identified but only needs a related service and not special
					 education, the child is not a child with a disability under this part. If the
					 related service required by the child is considered special education rather
					 than a related service under Virginia standards, the child would be determined
					 to be a child with a disability. (§ 22.1-213 of the Code of Virginia;
					 34 CFR
					 300.8(a)(1) and 34 CFR
					 300.8(a)(2)(i) and (ii))
"Collaboration" means interaction among professionals as
					 they work toward a common goal. Teachers do not necessarily have to engage in
					 co-teaching in order to collaborate.
"Complaint" means a request that the Virginia Department of
					 Education investigate an alleged violation by a local educational agency of a
					 right of a parent of a child who is eligible or suspected to be eligible for
					 special education and related services based on federal and state law and
					 regulations governing special education or a right of such child. A complaint
					 is a statement of some disagreement with procedures or process regarding any
					 matter relative to the identification, evaluation, or educational placement of
					 the child, or the provision of a free appropriate public education.
					 (34 CFR
					 300.151)
"Comprehensive Services Act" (CSA) means the Comprehensive
					 Services Act for At-Risk Youth and Families that establishes the collaborative
					 administration and funding system for services for certain at-risk youths and
					 their families. (Chapter 52 (§ 2.2-5200 et seq.) of Title 2.2 of the Code
					 of Virginia)
"Consent" means: (34 CFR 300.9)
1. The parents or eligible student has been fully informed
					 of all information relevant to the activity for which consent is sought in the
					 parent's or eligible student's native language, or other mode of
					 communication;
2. The parent or eligible student understands and agrees,
					 in writing, to the carrying out of the activity for which consent is sought,
					 and the consent describes that activity and lists the records (if any) that
					 will be released and to whom; and
3. The parent or eligible student understands that the
					 granting of consent is voluntary on the part of the parent or eligible student
					 and may be revoked any time.
a. 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. Revocation ceases to be
					 relevant after the activity for which consent was obtained was
					 completed.)
b. If a 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 local educational agency 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.
The meaning of the term "consent" is not the same as the
					 meaning of the term "agree" or "agreement." "Agree" or "agreement" refers to an
					 understanding between the parent and the local educational agency about a
					 particular matter and as required in this chapter. There is no requirement that
					 an agreement be in writing, unless stated in this chapter. The local
					 educational agency and parent should document their agreement.
"Controlled substance" means a drug or other substance
					 identified under Schedule I, II, III, IV, or V in § 202(c) of the
					 Controlled Substances Act,
					 21 USC §
											812(c). (34 CFR
					 300.530(i)(1))
"Core academic subjects" means English, reading or language
					 arts, mathematics, science, foreign languages, civics, and government,
					 economics, arts, history, and geography. (34 CFR
					 300.10)
"Correctional facility" means any state facility of the
					 Virginia Department of Corrections or the Virginia Department of Juvenile
					 Justice, any regional or local detention home, or any regional or local jail.
					 (§§ 16.1-228 and 53.1-1 of the Code of Virginia)
"Coteaching" means a service delivery option with two or
					 more professionals sharing responsibility for a group of students for some or
					 all of the school day in order to combine their expertise to meet student
					 needs.
"Counseling services" means services provided by qualified
					 visiting teachers, social workers, psychologists, guidance counselors, or other
					 qualified personnel. (34 CFR
					 300.34(c)(2); Licensure
					 Regulations for School Personnel (8VAC20-22))
"Dangerous weapon" means a weapon, device, instrument,
					 material, or substance, animate or inanimate, that is used for or is readily
					 capable of, causing death or bodily injury, except that such term does not
					 include a pocket knife with a blade of less than three inches in length.
					 (18
					 USC §
											930(g)(2); §
					 18.2-308.1 of the Code of Virginia)
"Day" means calendar day unless otherwise indicated as
					 business day or school day. (34 CFR
					 300.11)
"Deaf-blindness" means simultaneous hearing and visual
					 impairments, the combination of which causes such severe communication and
					 other developmental and educational needs that they cannot be accommodated in
					 special education programs solely for children with deafness or children with
					 blindness. (34 CFR
					 300.8(c)(2))
"Deafness" means a hearing impairment that is so severe
					 that the child is impaired in processing linguistic information through
					 hearing, with or without amplification, that adversely affects the child's
					 educational performance. (34 CFR
					 300.8(c)(3))
"Destruction of information" means physical destruction or
					 removal of personal identifiers from information so that the information is no
					 longer personally identifiable. (34 CFR
					 300.611(a))
"Developmental delay" means a disability affecting a child
					 ages two by September 30 through six, inclusive: (34 CFR
					 300.8(b); 34 CFR
					 300.306(b))
1.
(i) Who is experiencing developmental delays, as measured
					 by appropriate diagnostic instruments and procedures, in one or more of the
					 following areas: physical development, cognitive development, communication
					 development, social or emotional development, or adaptive development, or
(ii) who has an established physical or mental condition
					 that has a high probability of resulting in developmental delay;
2. The delay is not primarily a result of cultural factors,
					 environmental or economic disadvantage, or limited English proficiency;
					 and
3. The presence of one or more documented characteristics
					 of the delay has an adverse effect on educational performance and makes it
					 necessary for the student to have specially designed instruction to access and
					 make progress in the general educational activities for this age group.
"Direct services" means services provided to a child with a
					 disability directly by the Virginia Department of Education, by contract, or
					 through other arrangements. (34 CFR
					 300.175)
"Due process hearing" means an administrative procedure
					 conducted by an impartial special education hearing officer to resolve
					 disagreements regarding the identification, evaluation, educational placement
					 and services, and the provision of a free appropriate public education that
					 arise between a parent and a local educational agency. A due process hearing
					 involves the appointment of an impartial special education hearing officer who
					 conducts the hearing, reviews evidence, and determines what is educationally
					 appropriate for the child with a disability. (34 CFR
					 300.507)
"Early identification and assessment of disabilities in
					 children" means the implementation of a formal plan for identifying a
					 disability as early as possible in a child's life. (34 CFR
					 300.34(c)(3))
"Education record" means those records that are directly
					 related to a student and maintained by an educational agency or institution or
					 by a party acting for the agency or institution. The term also has the same
					 meaning as "scholastic record." In addition to written records, this also
					 includes electronic exchanges between school personnel and parent regarding
					 matters associated with the child's educational program (e.g., scheduling of
					 meetings or notices). This term also includes the type of records covered under
					 the definition of "education record" in the regulations implementing the Family
					 Education Rights and Privacy Act. (20 USC §
											1232g(a)(3); § 22.1-289
					 of the Code of Virginia;
					 34
					 CFR 300.611(b))
"Educational placement" means the overall instructional
					 setting in which the student receives his education including the special
					 education and related services provided. Each local educational agency shall
					 ensure that the parents of a child with a disability are members of the group
					 that makes decisions on the educational placement of their child.
					 (34 CFR
					 300.327)
"Educational service agencies and other public institutions
					 or agencies" include: (34 CFR
					 300.12)
1. Regional public multiservice agencies authorized by
					 state law to develop, manage, and provide services or programs to local
					 educational agencies;
2. Recognized as an administrative agency for purposes of
					 the provision of special education and related services provided within public
					 elementary schools and secondary schools of the state;
3. Any other public institution or agency having
					 administrative control and direction over a public elementary school or
					 secondary school; and
4. Entities that meet the definition of intermediate
					 educational unit in § 1402(23) of the Act as in effect prior to June 4,
					 1997.
"Eligible student" means a child with a disability who
					 reaches the age of majority and to whom the procedural safeguards and other
					 rights afforded to the parent are transferred.
"Emotional disability" means a condition exhibiting one or
					 more of the following characteristics over a long period of time and to a
					 marked degree that adversely affects a child's educational performance:
					 (34 CFR
					 300.8(c)(4))
1. An inability to learn that cannot be explained by
					 intellectual, sensory, or health factors;
2. An inability to build or maintain satisfactory
					 interpersonal relationships with peers and teachers;
3. Inappropriate types of behavior or feelings under normal
					 circumstances;
4. A general pervasive mood of unhappiness or depression;
					 or
5. A tendency to develop physical symptoms or fears
					 associated with personal or school problems.
Emotional disability includes schizophrenia. The term does
					 not apply to children who are socially maladjusted, unless it is determined
					 that they have an emotional disability as defined in this section.
"Equipment" means machinery, utilities, and built-in
					 equipment, and any necessary enclosures or structures to house machinery,
					 utilities, or equipment and all other items necessary for the functioning of a
					 particular facility as a facility for the provision of educational services,
					 including items such as instructional equipment and necessary furniture,
					 printed, published and audio-visual instructional materials,
					 telecommunications, sensory, and other technological aids and devices and
					 books, periodicals, documents, and other related materials. (34 CFR
					 300.14)
"Evaluation" means procedures used in accordance with this
					 chapter to determine whether a child has a disability and the nature and extent
					 of the special education and related services that the child needs.
					 (34
					 CFR 300.15)
"Excess costs" means those costs that are in excess of the
					 average annual per-student expenditure in a local educational agency during the
					 preceding school year for an elementary school or secondary school student, as
					 may be appropriate, and that shall be computed after deducting: (34 CFR
					 300.16)
1. Amounts received:
a. Under Part B of the Act;
b. Under Part A of Title I of the ESEA; and
c. Under Parts A and B of Title III of the ESEA; and
2. Any state or local funds expended for programs that
					 would qualify for assistance under any of the parts described in subdivision 1
					 a of this definition, but excluding any amounts for capital outlay or debt
					 service.
"Extended school year services" for the purposes of this
					 chapter means special education and related services that: (34 CFR
					 300.106(b))
1. Are provided to a child with a disability:
a. Beyond the normal school year of the local educational
					 agency;
b. In accordance with the child's individualized education
					 program;
c. At no cost to the parent of the child; and
2. Meet the standards established by the Virginia
					 Department of Education.
"Federal core academic subjects" means English, reading or
					 language arts, mathematics, science, foreign language (languages other than
					 English), civics and government, economics, arts, history, and geography.
					 (20
					 USC §
											7801(11))
"Federal financial assistance" means any grant, loan,
					 contract or any other arrangement by which the U.S. Department of Education
					 provides or otherwise makes available assistance in the form of funds, services
					 of federal personnel, or real and personal property. (34 CFR
					 104.3(h))
"Free appropriate public education" or "FAPE" means special
					 education and related services that: (34 CFR
					 300.17)
1. Are provided at public expense, under public supervision
					 and direction, and without charge;
2. Meet the standards of the Virginia Board of
					 Education;
3. Include an appropriate preschool, elementary school,
					 middle school or secondary school education in Virginia; and
4. Are provided in conformity with an individualized
					 education program that meets the requirements of this chapter.
"Functional behavioral assessment" means a process to
					 determine the underlying cause or functions of a child's behavior that impede
					 the learning of the child with a disability or the learning of the child's
					 peers. A functional behavioral assessment may include a review of existing data
					 or new testing data or evaluation as determined by the IEP team.
"General curriculum" means the same curriculum used with
					 children without disabilities adopted by a local educational agency, schools
					 within the local educational agency or, where applicable, the Virginia
					 Department of Education for all children from preschool through secondary
					 school. The term relates to content of the curriculum and not to the setting in
					 which it is taught.
"Hearing impairment" means an impairment in hearing in one
					 or both ears, with or without amplification, whether permanent or fluctuating,
					 that adversely affects a child's educational performance but that is not
					 included under the definition of deafness in this section. (34 CFR
					 300.8(c)(5))
"Highly qualified special education teacher" means a
					 teacher has met the requirements as specified in
					 34 CFR
					 300.18 for special education teachers in
					 general, for special education teachers teaching core academic subjects, for
					 special education teachers teaching to alternate achievement standards, or for
					 special education teachers teaching multiple subjects as it applies to their
					 teaching assignment. (34 CFR 300.18)
"Home-based instruction" means services that are delivered
					 in the home setting (or other agreed upon setting) in accordance with the
					 child's individualized education program.
"Homebound instruction" means academic instruction provided
					 to students who are confined at home or in a health care facility for periods
					 that would prevent normal school attendance based upon certification of need by
					 a licensed physician or licensed clinical psychologist. For a child with a
					 disability, the IEP team shall determine the delivery of services, including
					 the number of hours of services. (Regulations Establishing Standards for
					 Accrediting Public Schools in Virginia,
					 8VAC20-131-180)
"Home instruction" means instruction of a child or children
					 by a parent, guardian or other person having control or charge of such child or
					 children as an alternative to attendance in a public or private school in
					 accordance with the provisions of the Code of Virginia. This instruction may
					 also be termed home schooling. (§ 22.1-254.1 of the Code of
					 Virginia)
"Homeless children" has the meaning given the term
					 "homeless children and youth" in § 725 (42 USC §
											11434a) of the McKinney-Vento Homeless
					 Assistance Act, as amended,
					 42 USC §
											11431 et seq. and listed below:
					 (34 CFR 300.19)
The term "homeless children and youth" means individuals
					 who lack a fixed, regular, and adequate nighttime residence within the meaning
					 of § 103(a)(1) of the McKinney-Vento Homeless Assistance Act and includes
					 the following:
1. Children and youth who are sharing the housing of other
					 persons due to loss of housing, economic hardship, or a similar reason; are
					 living in motels, hotels, trailer parks, or camping grounds due to a lack of
					 alternative adequate accommodations; are living in emergency or transitional
					 shelters; are abandoned in hospitals; or are awaiting foster care
					 placement;
2. Children and youth who have a primary nighttime
					 residence that is a public or private place not designed for or ordinarily used
					 as a regular sleeping accommodation for human beings within the meaning of
					 § 103(a)(2)(C);
3. Children and youth who are living in cars, parks, public
					 spaces, abandoned buildings, substandard housing, bus or train stations, or
					 similar settings; and
4. Migratory children (as such term is defined in §
					 1309 of the Elementary and Secondary Education Act of 1965) who qualify as
					 homeless because the children are living in circumstances described in
					 subdivisions 1 through 3 of this definition.
The term "unaccompanied youth" includes a youth not in the
					 physical custody of a parent or guardian.
"Home tutoring" means instruction by a tutor or teacher
					 with qualifications prescribed by the Virginia Board of Education, as an
					 alternative to attendance in a public or private school and approved by the
					 division superintendent in accordance with the provisions of the Code of
					 Virginia. This tutoring is not home instruction as defined in the Code of
					 Virginia. (§ 22.1-254 of the Code of Virginia)
"Illegal drug" means a controlled substance, but does not
					 include a controlled substance that is legally possessed or used under the
					 supervision of a licensed health-care professional or that is legally possessed
					 or used under any other authority under the Controlled Substances Act,
					 21 USC §
											812(c), or under any other
					 provision of federal law. (34 CFR
					 300.530(i)(2))
"Impartial special education hearing officer" means a
					 person, selected from a list maintained by the Office of the Executive
					 Secretary of the Supreme Court of Virginia to conduct a due process
					 hearing.
"Implementation plan" means the plan developed by the local
					 educational agency designed to operationalize the decision of the hearing
					 officer in cases that are fully adjudicated.
"Independent educational evaluation" means an evaluation
					 conducted by a qualified examiner or examiners who are not employed by the
					 local educational agency responsible for the education of the child in
					 question. (34 CFR
					 300.502(a)(3)(i))
"Individualized education program" or "IEP" means a written
					 statement for a child with a disability that is developed, reviewed, and
					 revised in a team meeting in accordance with this chapter. The IEP specifies
					 the individual educational needs of the child and what special education and
					 related services are necessary to meet the child's educational needs.
					 (34 CFR
					 300.22)
"Individualized education program team" means a group of
					 individuals described in
					 8VAC20-81-110
					 that is responsible for developing, reviewing, or revising an IEP for a child
					 with a disability. (34 CFR
					 300.23)
"Individualized family service plan (IFSP) under Part C of
					 the Act" means a written plan for providing early intervention services to an
					 infant or toddler with a disability eligible under Part C and to the child's
					 family. (34 CFR 303.24;
					 20 USC § 636)
"Infant and toddler with a disability" means a child, ages
					 birth to two, inclusive, whose birthday falls on or before September 30, or who
					 is eligible to receive services in the Part C early intervention system up to
					 age three, and who: (§ 2.2-5300 of the Code of Virginia;
					 34 CFR
					 300.25)
1. Has delayed functioning;
2. Manifests atypical development or behavior;
3. Has behavioral disorders that interfere with acquisition
					 of developmental skills; or
4. Has a diagnosed physical or mental condition that has a
					 high probability of resulting in delay, even though no current delay exists.
"Informed parental consent": see "Consent."
"Initial placement" means the first placement for the child
					 to receive special education and related services in either a local educational
					 agency, other educational service agency, or other public agency or institution
					 for the purpose of providing special education or related services.
"Intellectual disability" means the definition formerly
					 known as "mental retardation" and means significantly subaverage general
					 intellectual functioning, existing concurrently with deficits in adaptive
					 behavior and manifested during the developmental period that adversely affects
					 a child's educational performance. (34 CFR
					 300.8(c)(6))
"Interpreting services" as used with respect to children
					 who are deaf or hard of hearing, means services provided by personnel who meet
					 the qualifications set forth under
					 8VAC20-81-40
					 and includes oral transliteration services, cued speech/language
					 transliteration services, sign language transliteration and interpreting
					 services, and transcription services, such as communication access real-time
					 translation (CART), C-Print, and TypeWell and interpreting services for
					 children who are deaf-blind. A child who is not deaf or hard of hearing, but
					 who has language deficits, may receive interpreting services as directed by the
					 child's Individualized Education Program. (Regulations Governing Interpreter
					 Services for the Deaf and Hard of Hearing 22VAC20-30;
					 34 CFR
					 300.34(c)(4)(i))
"Least restrictive environment" (LRE) means that to the
					 maximum extent appropriate, children with disabilities, including children in
					 public or private institutions or other care facilities, are educated with
					 children who are not disabled, and that special classes, separate schooling or
					 other removal of children with disabilities from the regular educational
					 environment occurs only when the nature or severity of the disability is such
					 that education in regular classes with the use of supplementary aids and
					 services cannot be achieved satisfactorily. (34 CFR
					 300.114 through 34 CFR 300.120)
"Level I services" means the provision of special education
					 to children with disabilities for less than 50% of their instructional school
					 day (excluding intermission for meals). The time that a child receives special
					 education services is calculated on the basis of special education services
					 described in the individualized education program, rather than the location of
					 services.
"Level II services" means the provision of special
					 education to children with disabilities for 50% or more of the instructional
					 school day (excluding intermission for meals). The time that a child receives
					 special education services is calculated on the basis of special education
					 services described in the individualized education program, rather than the
					 location of services.
"Limited English proficient" when used with respect to an
					 individual means an individual: (20 USC §
											7801(25); 34 CFR
					 300.27)
1. Who is aged two through 21;
2. Who is enrolled or preparing to enroll in an elementary
					 school or secondary school; or
3. Who:
a. Was not born in the United States or whose native
					 language is a language other than English;
b. Is a Native American or Alaska Native, or a native
					 resident of the outlying areas, and comes from an environment where a language
					 other than English has had a significant impact on the individual's level of
					 English language proficiency; or
c. Is migratory, whose native language is a language other
					 than English, and who comes from an environment where a language other than
					 English is dominant; and
4. Whose difficulties in speaking, reading, writing, or
					 understanding the English language may be sufficient to deny the individual:
a. The ability to meet Virginia's proficient level of
					 achievement on Virginia's assessments;
b. The ability to successfully achieve in classrooms where
					 the language of instruction is English; or
c. The opportunity to participate fully in society.
"Local educational agency" means a local school division
					 governed by a local school board, a state-operated program that is funded and
					 administered by the Commonwealth of Virginia or the Virginia School for the
					 Deaf and the Blind at Staunton. Neither state-operated programs nor the
					 Virginia School for the Deaf and the Blind at Staunton are considered a school
					 division as that term is used in these regulations. (§ 22.1-346 C of the
					 Code of Virginia;
					 34 CFR
					 300.28)
"Long-term placement" if used in reference to
					 state-operated programs as outlined in
					 8VAC20-81-30
					 H means those hospital placements that are not expected to change in status or
					 condition because of the child's medical needs.
"Manifestation determination review" means a process to
					 review all relevant information and the relationship between the child's
					 disability and the behavior subject to the disciplinary action.
"Medical services" means services provided by a licensed
					 physician or nurse practitioner to determine a child's medically related
					 disability that results in the child's need for special education and related
					 services. (§ 22.1-270 of the Code of Virginia;
					 34 CFR
					 300.34(c)(5))
"Mental retardation" - see "Intellectual
					 disability."
"Multiple disabilities" means simultaneous impairments
					 (such as intellectual disability with blindness, intellectual disability with
					 orthopedic impairment), the combination of which causes such severe educational
					 needs that they cannot be accommodated in special education programs solely for
					 one of the impairments. The term does not include deaf-blindness.
					 (34 CFR
					 300.8(c)(7))
"National Instructional Materials Access Center" or "NIMAC"
					 means the national center established to do the following: (34 CFR
					 300.172)
1. Receive and maintain a catalog of print instructional
					 materials prepared in the NIMAS, as established by the U.S. Secretary of
					 Education, made available to such center by the textbook publishing industry,
					 state educational agencies, and local educational agencies;
2. Provide access to print instructional materials,
					 including textbooks, in accessible media, free of charge, to blind or other
					 persons with print disabilities in elementary schools and secondary schools, in
					 accordance with such terms and procedures as the NIMAC may prescribe;
					 and
3. Develop, adopt and publish procedures to protect against
					 copyright infringement, with respect to print instructional materials provided
					 in accordance with the Act.
"National Instructional Materials Accessibility Standard"
					 or "NIMAS" means the standard established by the United States Secretary of
					 Education to be used in the preparation of electronic files suitable and used
					 solely for efficient conversion of print instructional materials into
					 specialized formats. (34 CFR
					 300.172)
"Native language" if used with reference to an individual
					 of limited English proficiency, means the language normally used by that
					 individual, or, in the case of a child, the language normally used by the
					 parent of the child, except in all direct contact with a child (including
					 evaluation of the child), the language normally used by the child in the home
					 or learning environment. For an individual with deafness or blindness, or for
					 an individual with no written language, the mode of communication is that
					 normally used by the individual (such as sign language, Braille, or oral
					 communication). (34 CFR 300.29)
"Nonacademic services and extracurricular services" may
					 include counseling services, athletics, transportation, health services,
					 recreational activities, special interest groups or clubs sponsored by the
					 local educational agency, referrals to agencies that provide assistance to
					 individuals with disabilities, and employment of students, including both
					 employment by the local educational agency and assistance in making outside
					 employment available. (34 CFR
					 300.107(b))
"Notice" means written statements in English or in the
					 primary language of the home of the parent, or, if the language or other mode
					 of communication of the parent is not a written language, oral communication in
					 the primary language of the home of the parent. If an individual is deaf or
					 blind, or has no written language, the mode of communication would be that
					 normally used by the individual (such as sign language, Braille, or oral
					 communication). (34 CFR
					 300.503(c))
"Occupational therapy" means services provided by a
					 qualified occupational therapist or services provided under the direction or
					 supervision of a qualified occupational therapist and includes: (Regulations
					 Governing the Licensure of Occupational Therapists (18VAC85-80-10 et
					 seq.);
					 34 CFR
					 300.34(c)(6))
1. Improving, developing, or restoring functions impaired
					 or lost through illness, injury, or deprivation;
2. Improving ability to perform tasks for independent
					 functioning if functions are impaired or lost; and
3. Preventing, through early intervention, initial or
					 further impairment or loss of function.
"Orientation and mobility services" means services provided
					 to blind or visually impaired children by qualified personnel to enable those
					 children to attain systematic orientation to and safe movement within their
					 environments in school, home, and community; and includes travel training
					 instruction, and teaching children the following, as appropriate:
					 (34 CFR
					 300.34(c)(7))
1. Spatial and environmental concepts and use of
					 information received by the senses (e.g., sound, temperature, and vibrations)
					 to establish, maintain, or regain orientation and line of travel (e.g., using
					 sound at a traffic light to cross the street);
2. To use the long cane or service animal to supplement
					 visual travel skills or as a tool for safely negotiating the environment for
					 students with no available travel vision;
3. To understand and use remaining vision and distance low
					 vision aids; and
4. Other concepts, techniques, and tools.
"Orthopedic impairment" means a severe orthopedic
					 impairment that adversely affects a child's educational performance. The term
					 includes impairments caused by congenital anomaly, impairments caused by
					 disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from
					 other causes (e.g., cerebral palsy, amputations, and fractures or burns that
					 cause contractures). (34 CFR
					 300.8(c)(8))
"Other health impairment" means having limited strength,
					 vitality or alertness, including a heightened alertness to environmental
					 stimuli, that results in limited alertness with respect to the educational
					 environment, that is due to chronic or acute health problems such as asthma,
					 attention deficit disorder or attention deficit hyperactivity disorder,
					 diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia,
					 nephritis, rheumatic fever, and sickle cell anemia and Tourette syndrome that
					 adversely affects a child's educational performance. (34 CFR
					 300.8(c)(9))
"Paraprofessional," also known as paraeducator, means an
					 appropriately trained employee who assists and is supervised by qualified
					 professional staff in meeting the requirements of this chapter. (34
					 CFR 300.156(b)(2)(iii))
"Parent" means: (§ 20-124.6 and § 22.1-213.1 of
					 the Code of Virginia;
					 34 CFR
					 99.4 and 34 CFR 300.30)
1. Persons who meet the definition of "parent":
a. A biological or adoptive parent of a child;
b. A foster parent, even if the biological or adoptive
					 parent's rights have not been terminated, but subject to subdivision 8 of this
					 definition;
c. A guardian generally authorized to act as the child's
					 parent, or authorized to make educational decisions for the child (but not a
					 guardian ad litem, or the state if the child is a ward of the state);
d. An individual acting in the place of a biological or
					 adoptive parent (including a grandparent, stepparent, or other relative) with
					 whom the child lives, or an individual who is legally responsible for the
					 child's welfare;
e. If no party qualified under subdivisions 1 a through 1 d
					 of this definition can be identified, or those parties are unwilling to act as
					 parent, a surrogate parent who has been appointed in accordance with
					 requirements detailed under
					 8VAC20-81-220;
					 or
f. A minor who is emancipated under § 16.1-333 of the
					 Code of Virginia.
2. If a judicial decree or order identifies a specific
					 person under subdivisions 1 a through 1 e of this subsection to act as the
					 "parent" of a child or to make educational decisions on behalf of a child, then
					 such person shall be determined to be the "parent" for purposes of this
					 definition.
3. "Parent" does not include local or state agencies or
					 their agents, including local departments of social services, even if the child
					 is in the custody of such an agency.
4. The biological or adoptive parent, when attempting to
					 act as the parent under this chapter and when more than one party is qualified
					 under this section to act as a parent, shall be presumed to be the parent for
					 purposes of this section unless the biological or adoptive parent's or parents'
					 authority to make educational decisions on the child's behalf has been
					 extinguished pursuant to §§ 16.1-277.01, 16.1-277.02, or 16.1-283 of
					 the Code of Virginia or a comparable law in another state.
5. Noncustodial parents whose parental rights have not been
					 terminated are entitled to all parent rights and responsibilities available
					 under this chapter, including access to their child's records.
6. Custodial stepparents have the right to access the
					 child's record. Noncustodial stepparents do not have the right to access the
					 child's record.
7. A validly married minor who has not pursued emancipation
					 under § 16.1-333 of the Code of Virginia may assert implied emancipation
					 based on the minor's marriage record and, thus, assumes responsibilities of
					 "parent" under this chapter.
8. The local educational agency shall provide written
					 notice to the biological or adoptive parents at their last known address that a
					 foster parent is acting as the parent under this section, and the local
					 educational agency is entitled to rely upon the actions of the foster parent
					 under this section until such time that the biological or adoptive parent
					 attempts to act as the parent.
"Parent counseling and training" means assisting parents in
					 understanding the special needs of their child, providing parents with
					 information about child development, and helping parents to acquire the
					 necessary skills that will allow them to support the implementation of their
					 child's IEP or IFSP. (34 CFR
					 300.34(c)(8))
"Participating agency" means a state or local agency
					 (including a Comprehensive Services Act team), other than the local educational
					 agency responsible for a student's education, that is financially and legally
					 responsible for providing transition services to the student. The term also
					 means any agency or institution that collects, maintains, or uses personally
					 identifiable information, or from which information is obtained under Part B of
					 the Act. (34 CFR
					 300.611(c), 34 CFR
					 300.324(c) and
					 34 CFR
					 300.321(b)(3))
"Personally identifiable" means information that contains
					 the following: (34 CFR
					 300.32)
1. The name of the child, the child's parent, or other
					 family member;
2. The address of the child;
3. A personal identifier, such as the child's social
					 security number or student number; or
4. A list of personal characteristics or other information
					 that would make it possible to identify the child with reasonable
					 certainty.
"Physical education" means the development of:
					 (34 CFR
					 300.39(b)(2))
1. Physical and motor fitness;
2. Fundamental motor skills and patterns; and
3. Skills in aquatics, dance, and individual and group
					 games and sports (including intramural and lifetime sports). The term includes
					 special physical education, adapted physical education, movement education, and
					 motor development.
"Physical therapy" means services provided by a qualified
					 physical therapist or under the direction or supervision of a qualified
					 physical therapist upon medical referral and direction. (Regulations Governing
					 the Practice of Physical Therapy, 18VAC112-20;
					 34 CFR
					 300.34(c)(9))
"Private school children with disabilities" means children
					 with disabilities enrolled by their parent in private, including religious,
					 schools or facilities that meet the definition of elementary school or
					 secondary school as defined in this section other than children with
					 disabilities who are placed in a private school by a local school division or a
					 Comprehensive Services Act team in accordance with
					 8VAC20-81-150.
					 (34
					 CFR 300.130)
"Program" means the special education and related services,
					 including accommodations, modifications, supplementary aids and services, as
					 determined by a child's individualized education program.
"Psychological services" means those services provided by a
					 qualified psychologist or under the direction or supervision of a qualified
					 psychologist, including: (34 CFR
					 300.34(c)(10))
1. Administering psychological and educational tests, and
					 other assessment procedures;
2. Interpreting assessment results;
3. Obtaining, integrating, and interpreting information
					 about child behavior and conditions relating to learning;
4. Consulting with other staff members in planning school
					 programs to meet the special needs of children as indicated by psychological
					 tests, interviews, direct observation, and behavioral evaluations;
5. Planning and managing a program of psychological
					 services, including psychological counseling for children and parents;
					 and
6. Assisting in developing positive behavioral intervention
					 strategies.
"Public expense" means that the local educational agency
					 either pays for the full cost of the service or evaluation or ensures that the
					 service or evaluation is otherwise provided at no cost to the parent.
					 (34 CFR
					 300.502(a)(3)(ii))
"Public notice" means the process by which certain
					 information is made available to the general public. Public notice procedures
					 may include newspaper advertisements, radio announcements, television features
					 and announcements, handbills, brochures, electronic means, and other methods
					 that are likely to succeed in providing information to the public.
"Qualified person who has a disability" means a "qualified
					 handicapped person" as defined in the federal regulations implementing the
					 Rehabilitation Act of 1973, as amended. (29 USC §
											701 et seq.)
"Recreation" includes: (34 CFR 30.34(c)(11))
1. Assessment of leisure function;
2. Therapeutic recreation services;
3. Recreation program in schools and community agencies;
					 and
4. Leisure education.
"Reevaluation" means completion of a new evaluation in
					 accordance with this chapter. (34 CFR
					 300.303)
"Rehabilitation counseling services" means services
					 provided by qualified personnel in individual or group sessions that focus
					 specifically on career development, employment preparation, achieving
					 independence, and integration in the workplace and community of a student with
					 a disability. The term also includes vocational rehabilitation services
					 provided to students with disabilities by vocational rehabilitation programs
					 funded under the Rehabilitation Act of 1973 (29 USC §
											701 et seq.), as amended. (34 CFR
					 300.34(c)(12))
"Related services" means transportation and such
					 developmental, corrective, and other supportive services as are required to
					 assist a child with a disability to benefit from special education and includes
					 speech-language pathology and audiology services; interpreting services;
					 psychological services; physical and occupational therapy; recreation,
					 including therapeutic recreation; early identification and assessment of
					 disabilities in children; counseling services, including rehabilitation
					 counseling; orientation and mobility services; and medical services for
					 diagnostic or evaluation purposes. Related services also includes school health
					 services and school nurse services; social work services in schools; and parent
					 counseling and training. Related services do not include a medical device that
					 is surgically implanted including cochlear implants, the optimization of device
					 functioning (e.g., mapping), maintenance of the device, or the replacement of
					 that device. The list of related services is not exhaustive and may include
					 other developmental, corrective, or supportive services (such as artistic and
					 cultural programs, and art, music and dance therapy), if they are required to
					 assist a child with a disability to benefit from special education. (§
					 22.1-213 of the Code of Virginia;
					 34 CFR 300.34(a) and
					 (b))
Nothing in this section:
1. Limits the right of a child with a surgically implanted
					 device (e.g., cochlear implant) to receive related services that are determined
					 by the IEP team to be necessary for the child to receive FAPE;
2. Limits the responsibility of a public agency to
					 appropriately monitor and maintain medical devices that are needed to maintain
					 the health and safety of the child, including breathing, nutrition, or
					 operation of other bodily functions, while the child is transported to and from
					 school or is at school; or
3. Prevents the routine checking of an external component
					 of a surgically implanted device to make sure it is functioning properly.
"School day" means any day, including a partial day, that
					 children are in attendance at school for instructional purposes. The term has
					 the same meaning for all children in school, including children with and
					 without disabilities. (34 CFR
					 300.11)
"School health services and school nurse services" means
					 health services that are designed to enable a child with a disability to
					 receive FAPE as described in the child's IEP. School nurse services are
					 services provided by a qualified school nurse. School health services are
					 services that may be provided by either a qualified school nurse or other
					 qualified person. (Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the
					 Code of Virginia;
					 34 CFR
					 300.34(c)(13))
"Scientifically based research" means research that
					 involves the application of rigorous, systematic, and objective procedures to
					 obtain reliable and valid knowledge relevant to education activities and
					 programs and includes research that: (20 USC §
											9501(18); 34 CFR
					 300.35)
1. Employs systematic, empirical methods that draw on
					 observation or experiment;
2. Involves rigorous data analyses that are adequate to
					 test the stated hypotheses and justify the general conclusions drawn;
3. Relies on measurements or observational methods that
					 provide reliable and valid data across evaluators and observers, across
					 multiple measurements and observations, and across studies by the same or
					 different investigators;
4. Is evaluated using experimental or quasi-experimental
					 designs in which individuals, entities, programs, or activities are assigned to
					 different conditions and with appropriate controls to evaluate the effects of
					 the condition of interest, with a preference for random-assignment experiments,
					 or other designs to the extent that those designs contain within-condition or
					 across-condition controls;
5. Ensures that experimental studies are presented in
					 sufficient detail and clarity to allow for replication or, at a minimum, offer
					 the opportunity to build systematically on their findings; and
6. Has been accepted by a peer-reviewed journal or approved
					 by a panel of independent experts through a comparably rigorous, objective, and
					 scientific review.
"Screening" means those processes that are used routinely
					 with all children to identify previously unrecognized needs and that may result
					 in a referral for special education and related services or other referral or
					 intervention.
"Section 504" means that section of the Rehabilitation Act
					 of 1973, as amended, which is designed to eliminate discrimination on the basis
					 of disability in any program or activity receiving federal financial
					 assistance. (29 USC §
											701 et seq.)
"Serious bodily injury" means bodily injury that involves
					 substantial risk of death, extreme physical pain, protracted and obvious
					 disfigurement, or protracted loss or impairment of the function of a bodily
					 member, organ or mental faculty. (18 USC
					 §
											1365(h)(3);
					 34 CFR
					 300.530(i)(3))
"Services plan" means a written statement that describes
					 the special education and related services the local educational agency will
					 provide to a parentally placed child with a disability enrolled in a private
					 school who has been designated to receive services, including the location of
					 the services and any transportation necessary, and is developed and implemented
					 in accordance with
					 8VAC20-81-150.
					 (34 CFR 300.37)
"Social work services in schools" means those services
					 provided by a school social worker or qualified visiting teacher, including:
					 (Licensure Regulations for School Personnel,
					 8VAC20-22-660) ;
					 34 CFR
					 300.34(c)(14))
1. Preparing a social or developmental history on a child
					 with a disability;
2. Group and individual counseling with the child and
					 family;
3. Working in partnership with parents and others on those
					 problems in a child's living situation (home, school, and community) that
					 affect the child's adjustment in school;
4. Mobilizing school and community resources to enable the
					 child to learn as effectively as possible in the child's educational program;
					 and
5. Assisting in developing positive behavioral intervention
					 strategies for the child.
A local educational agency, in its discretion, may expand
					 the role of a school social worker or visiting teacher beyond those services
					 identified in this definition, as long as the expansion is consistent with
					 other state laws and regulations, including licensure.
"Special education" means specially designed instruction,
					 at no cost to the parent, to meet the unique needs of a child with a
					 disability, including instruction conducted in a classroom, in the home, in
					 hospitals, in institutions, and in other settings and instruction in physical
					 education. The term includes each of the following if it meets the requirements
					 of the definition of special education: (§ 22.1-213 of the Code of
					 Virginia;
					 34 CFR 300.39)
1. Speech-language pathology services or any other related
					 service, if the service is considered special education rather than a related
					 service under state standards;
2. Vocational education; and
3. Travel training.
"Special education hearing officer" has the same meaning as
					 the term "impartial hearing officer" as that term is used in the Act and its
					 federal implementing regulations.
"Specially designed instruction" means adapting, as
					 appropriate to the needs of an eligible child under this chapter, the content,
					 methodology, or delivery of instruction: (34 CFR
					 300.39(b)(3))
1. To address the unique needs of the child that result
					 from the child's disability; and
2. To ensure access of the child to the general curriculum,
					 so that the child can meet the educational standards that apply to all children
					 within the jurisdiction of the local educational agency.
"Specific learning disability" means a disorder in one or
					 more of the basic psychological processes involved in understanding or in using
					 language, spoken or written, that may manifest itself in the imperfect ability
					 to listen, think, speak, read, write, spell or to do mathematical calculations,
					 including conditions such as perceptual disabilities, brain injury, minimal
					 brain dysfunction, dyslexia, and developmental aphasia.
Specific learning disability does not include learning
					 problems that are primarily the result of visual, hearing, or motor
					 disabilities; of intellectual disabilities; of emotional disabilities; of
					 environmental, cultural, or economic disadvantage. (§ 22.1-213 of the Code
					 of Virginia;
					 34 CFR
					 300.8(c)(10))
Dyslexia is distinguished from other learning disabilities
					 due to its weakness occurring at the phonological level. Dyslexia is a specific
					 learning disability that is neurobiological in origin. It is characterized by
					 difficulties with accurate and/or fluent word recognition and by poor spelling
					 and decoding abilities. These difficulties typically result from a deficit in
					 the phonological component of language that is often unexpected in relation to
					 other cognitive abilities and the provision of effective classroom instruction.
					 Secondary consequences may include problems in reading comprehension and
					 reduced reading experience that can impede growth of vocabulary and background
					 knowledge.
"Speech or language impairment" means a communication
					 disorder, such as stuttering, impaired articulation, expressive or receptive
					 language impairment, or voice impairment that adversely affects a child's
					 educational performance. (34 CFR
					 300.8(c)(11))
"Speech-language pathology services" means the following:
					 (34 CFR
					 300.34(c)(15))
1. Identification of children with speech or language
					 impairments;
2. Diagnosis and appraisal of specific speech or language
					 impairments;
3. Referral for medical or other professional attention
					 necessary for the habilitation of speech or language impairments;
4. Provision of speech and language services for the
					 habilitation or prevention of communicative impairments; and
5. Counseling and guidance of parents, children, and
					 teachers regarding speech and language impairments.
"State assessment program" means the state assessment
					 program in Virginia under the Act that is the component of the state assessment
					 system used for accountability.
"State educational agency" means the Virginia Department of
					 Education. (34 CFR
					 300.41)
"State-operated programs" means programs that provide
					 educational services to children and youth who reside in facilities according
					 to the admissions policies and procedures of those facilities that are the
					 responsibility of state boards, agencies, or institutions. (§§
					 22.1-7, 22.1-340 and 22.1-345 of the Code of Virginia)
"Supplementary aids and services" means aids, services, and
					 other supports that are provided in general education classes or other
					 education-related settings to enable children with disabilities to be educated
					 with children without disabilities to the maximum extent appropriate in
					 accordance with this chapter. (34 CFR
					 300.42)
"Surrogate parent" means a person appointed in accordance
					 with procedures set forth in this chapter to ensure that children are afforded
					 the protection of procedural safeguards and the provision of a free appropriate
					 public education. (34 CFR
					 300.519)
"Timely manner" if used with reference to the requirement
					 for National Instructional Materials Accessibility Standard means that the
					 local educational agency shall take all reasonable steps to provide
					 instructional materials in accessible formats to children with disabilities who
					 need those instructional materials at the same time as other children receive
					 instructional materials. (34 CFR
					 300.172(b)(4))
"Transition from Part C (Early Intervention Program for
					 Infants and Toddlers with Disabilities) services" means the steps identified in
					 the Individualized Family Services Plan (IFSP) to be taken to support the
					 transition of the child to: (34
					 CFR 300.124)
1. Early childhood special education to the extent that
					 those services are appropriate; or
2. Other services that may be available, if appropriate.
"Transition services" if used with reference to secondary
					 transition means a coordinated set of activities for a student with a
					 disability that is designed within a results-oriented process that:
					 (34 CFR
					 300.43)
1. Is focused on improving the academic and functional
					 achievement of the child with a disability to facilitate the child's movement
					 from school to post-school activities, including postsecondary education,
					 vocational education, integrated employment (including supported employment),
					 continuing and adult education, adult services, independent living, or
					 community participation.
2. Is based on the individual child's needs, taking into
					 account the child's strengths, preferences, and interests and includes
					 instruction, related services, community experiences, the development of
					 employment and other post-school adult living objectives and, if appropriate,
					 acquisition of daily living skills and functional vocational evaluation.
Transition services for students with disabilities may be
					 special education, if provided as specially designed instruction, or related
					 services, if they are required to assist a student with a disability to benefit
					 from special education.
"Transportation" includes: (34 CFR
					 300.34(c)(16))
1. Travel to and from school and between schools;
2. Travel in and around school buildings; and
3. Specialized equipment (such as special or adapted buses,
					 lifts, and ramps), if required to provide special transportation for a child
					 with a disability.
"Traumatic brain injury" means an acquired injury to the
					 brain caused by an external physical force or by other medical conditions,
					 including stroke, anoxia, infectious disease, aneurysm, brain tumors, and
					 neurological insults resulting from medical or surgical treatments, resulting
					 in total or partial functional disability or psychosocial impairment, or both,
					 that adversely affects a child's educational performance. Traumatic brain
					 injury 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. Traumatic brain injury does not apply to brain injuries that are
					 congenital or degenerative, or to brain injuries induced by birth trauma.
					 (34 CFR
					 300.8(c)(12))
"Travel training" means providing instruction, as
					 appropriate, to children with significant cognitive disabilities, and any other
					 children with disabilities who require this instruction, to enable them to:
					 (34 CFR
					 300.39(b)(4))
1. Develop an awareness of the environment in which they
					 live; and
2. Learn the skills necessary to move effectively and
					 safely from place to place within that environment (e.g., in school, in the
					 home, at work, and in the community).
"Universal design" has the meaning given the term in §
					 3 of the Assistive Technology Act of 1998, as amended,
					 29
					 USC §
											3002. The term "universal design"
					 means a concept or philosophy for designing and delivering products and
					 services that are usable by people with the widest possible range of functional
					 capabilities, which include products and services that are directly usable
					 (without requiring assistive technologies) and products and services that are
					 made usable with assistive technologies. (34 CFR
					 300.44)
"Virginia School for the Deaf and the Blind at Staunton"
					 means the Virginia school under the operational control of the Virginia Board
					 of Education. The Superintendent of Public Instruction shall approve the
					 education programs of this school. (§ 22.1-346 of the Code of
					 Virginia)
"Visual impairment including blindness" means an impairment
					 in vision that, even with correction, adversely affects a child's educational
					 performance. The term includes both partial sight and blindness. (34 CFR
					 300.8(c)(13))
"Vocational education," for the purposes of special
					 education, means organized educational programs that are directly related to
					 the preparation of individuals for paid or unpaid employment or for additional
					 preparation for a career not requiring a baccalaureate or advanced degree, and
					 includes career and technical education. (34 CFR
					 300.39(b)(5))
"Ward of the state" means a child who, as determined by the
					 state where the child resides is: (34 CFR
					 300.45)
1. A foster child;
2. A ward of the state; or
3. In the custody of a public child welfare agency.
"Ward of the state" does not include a foster child who has
					 a foster parent who meets the definition of a "parent."
"Weapon" means dangerous weapon under
					 18
					 USC §
											930(g)(2). (34
					 CFR 530(i)(4))
Statutory Authority: §§ 22.1-16 and 22.1-214 of
						the Code of Virginia.