Definitions

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As used in this subchapter:

  1. (1) “A child with a disability” means a person evaluated in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as having an intellectual disability, a hearing impairment, including without limitation deafness, a speech or language impairment, a visual impairment, including without limitation blindness, emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairments, a specific learning disability, deaf-blindness, or multiple disabilities and who, by reason thereof, needs special education and related services;

  2. (2) “Board” means the State Board of Education;

  3. (3) “Free appropriate public education” means special education and related services that:

    1. (A) Are provided at public expense, under public supervision, and without charge;

    2. (B) Meet the standards of the Division of Elementary and Secondary Education and the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2017;

    3. (C) Include an appropriate preschool, elementary school, or secondary school education; and

    4. (D) Are provided in conformity with an individualized education program that meets the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2017; and

  4. (4)

    1. (A) “Special education” means specially designed instruction at no cost to the parents to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, in other settings, and instruction in physical education.

    2. (B) Special education includes each of the following, if the services otherwise meet the requirements of this definition:

      1. (i) 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. (ii) Travel training; and

      3. (iii) Vocational education.


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