Education 290-8-9 STATE BOARD OF EDUCATION STATE .

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Education290-8-9STATE BOARD OF EDUCATIONSTATE DEPARTMENT OF EDUCATIONDIVISION OF SPECIAL EDUCATION SERVICESADMINISTRATIVE CODECHAPTER 290-8-9SPECIAL EDUCATION SERVICESTABLE OF 2DefinitionsChild IdentificationEvaluationsDisability Definitions, Criteria, AndMinimum Required Evaluative ComponentsEligibility And Consent For ServicesIndividualized Education Program (IEP)Least Restrictive Environment (LRE)Other Educational Services And ProgramOptionsProcedural SafeguardsDiscipline ProceduresAdministrationCase Manager For Children WithDisabilitiesGiftedNOTE: Any rule contained in 290-8-9-.01 through 290-8-9-.11required only by State Board Of Education rule and notrequired by Federal and/or State law is indicated in bolditalics.290-8-9-.00Definitions. These definitions are frequentlyused in the Alabama Administrative Code.(1)Consent.Consent means that:(a)The parent has been fully informed of allinformation relevant to the activity for which consent issought, in his or her native language, or other mode ofcommunication;Supp. 12/31/138-9-1

Chapter 290-8-9Education(b)The parent understands and agrees in writing tothe carrying out of the activity for which his or her consentis sought, and the consent describes that activity and liststhe records (if any) that will be released and to whom; and(c)The parent understands that the granting ofconsent is voluntary on the part of the parent and may berevoked at anytime. If a parent revokes consent, thatrevocation is not retroactive (i.e., it does not negate anaction that has occurred after the consent was given andbefore the consent was revoked).(2)Core Academic Subjects. Core academic subjectsmeans English, reading or language arts, mathematics, science,foreign languages, civics and government, economics, arts,history, and geography.(3)Day; Business Day; School Day.(a)Day means calendar day unless otherwiseindicated as business day or school day.(b)Business day means Monday through Friday, exceptfor Federal and State holidays(unless holidays are specifically included in the designationof business day).(c)School day means any day, including a partialday that children are in attendance at school forinstructional purposes. School day has the same meaning forall children in school, including children with and withoutdisabilities.(4)Educational Performance. Educationalperformance means academic, social/emotional, and/orcommunication skills.(5)Elementary School. Elementary school means anonprofit institutional day or residential school, including apublic elementary charter school, that provides elementaryeducation, as determined under state law.(6)Evaluation. Evaluation means procedures used todetermine whether a child has a disability and the nature andextent of the special education and related services that thechild needs.Supp. 12/31/138-9-2

Education290-8-9(7)Free Appropriate Public Education (FAPE). Freeappropriate public education or FAPE means special educationand related services that:(a)Are provided at public expense, under publicsupervision and direction, and without charge;(b)Meet the standards of the SEA, including therequirements of this part;(c)Include an appropriate preschool, elementaryschool, or secondary school education in the State; and(d)Are provided in conformity with anindividualized education program (IEP) and its requirements.(8)Homeless Children. Homeless children has themeaning given the term homeless children and youths in section725 (42 U.S.C. 11434a) of the McKinney-Vento HomelessAssistance Act, as amended, 42 U.S.C. 11431 et seq.(9)IDEA. IDEA means the Individuals withDisabilities Education Act, as amended.(10)Individualized Education Program (IEP).Individualized education program or IEP means a writtenstatement for a child with a disability that is developed,reviewed, and revised in accordance with these rules.(11)Individualized Family Service Plan (IFSP).Individualized family service plan or IFSP means a writtenplan developed jointly by the family, Early Intervention (EI)service coordinator and providers for eligible children birthto three years and their family.(12)Local Education Agency (LEA).(a)Local educational agency or LEA means a publicboard of education or other public authority legallyconstituted within a State for either administrative controlor direction of, or to perform a service function for, publicelementary or secondary schools in a city, county, township,school district, or other political subdivision of a State, orfor a combination of school districts or counties as arerecognized in a State as an administrative agency for itspublic elementary schools or secondary schools.Supp. 12/31/138-9-3

Chapter 290-8-9Education(b)Educational service agencies and other publicinstitutions or agencies. The term includes:1.An educational service agency; and2.Any other public institution or agency havingadministrative control and direction of a public elementaryschool or secondary school, including a public nonprofitcharter school that is established as an LEA under State law.(13)Native Language.(a)Native language, when used with respect to anindividual who is limited English proficient, means thefollowing:1.The language normally used by that individual,or, in the case of a child, the language normally used by theparents of the child, except as provided in paragraph (a)2. ofthis section.2.In all direct contact with a child (includingevaluation of the child), the language normally used by thechild in the home or learning environment.(b)For an individual with deafness or blindness, orfor an individual with no written language, the mode ofcommunication is that normally used by the individual (such assign language, Braille, or oral communication).(14)Parent.(a)Parent means:1.A biological or adoptive parent of a child;2.A foster parent, unless State law, regulations,or contractual obligations with a State or local entityprohibit a foster parent from acting as a parent;3.A guardian generally authorized to act as thechild's parent, or authorized to make educational decisionsfor the child (but not the State if the child is a ward of theState [in the “legal custody” of a state agency]);4.An individual acting in the place of abiological or adoptive parent (including a grandparent,Supp. 12/31/138-9-4

Education290-8-9stepparent, or other relative) with whom the child lives, oran individual who is legally responsible for the child'swelfare; or5.A surrogate parent who has been appointed inaccordance with these rules.(b)Except as provided in the last paragraph of thissection, the biological or adoptive parent, when attempting toact as the parent under these rules and when more than oneparty is qualified under paragraph (a) of this section to actas a parent, must be presumed to be the parent for purposes ofthis section unless the biological or adoptive parent does nothave legal authority to make educational decisions for thechild. If a judicial decree or order identifies a specificperson or persons under paragraphs (a)1. through 4. of thissection to act as the “parent” of a child or to makeeducational decisions on behalf of a child, then such personor persons shall be determined to be the “parent” for purposesof this section.(15)Participating Agency. Participating agencymeans any agency or institution that collects, maintains, oruses personally identifiable information, or from whichinformation is obtained, under Part B of the IDEA.(16)Personally Identifiable. Personallyidentifiable means information that contains the name of thechild; the child's parent, or other family member; the addressof the child; a personal identifier, such as the child'ssocial security number or student number; or a list ofpersonal characteristics or other information that would makeit possible to identify the child with reasonable certainty.(17)Public Agency. Public agency includes the SEA,LEAs, ESAs, nonprofit public charter schools that are nototherwise included as LEAs or ESAs and are not a school of anLEA or ESA, and any other political subdivisions of the Statethat are responsible for providing education to children withdisabilities.(18)Related Services.(a)General. Related services means transportationand such developmental, corrective, and other supportiveservices as are required to assist a child with a disabilityto benefit from special education, and includesSupp. 12/31/138-9-5

Chapter 290-8-9Educationspeech-language pathology and audiology services, interpretingservices, psychological services, physical and occupationaltherapy, recreation, including therapeutic recreation, earlyidentification and assessment of disabilities in children,counseling services, including rehabilitation counseling,orientation and mobility services, and medical services fordiagnostic or evaluation purposes. Related services alsoinclude school health services and school nurse services,social work services in schools, and parent counseling andtraining.(b)Exception: services that apply to children withsurgically implanted devices, including cochlear implants.1.Related services do not include a medical devicethat is surgically implanted, the optimization of thatdevice's functioning (e.g., mapping), maintenance of thatdevice, or the replacement of that device.2.Nothing in paragraph (b)(1) of this section:(i)Limits the right of a child with a surgicallyimplanted device (e.g., cochlear implant) to receive relatedservices (as listed in paragraph (a) of this section) that aredetermined by the IEP Team to be necessary for the child toreceive FAPE.(ii)Limits the responsibility of a public agency toappropriately monitor and maintain medical devices that areneeded to maintain the health and safety of the child,including breathing, nutrition, or operation of other bodilyfunctions, while the child is transported to and from schoolor is at school; or(iii)Prevents the routine checking of an externalcomponent of a surgically implanted device to make sure it isfunctioning properly.(c)Individual related services terms defined. Theterms used in this definition are defined as follows:1.Audiology includes:(i)Identification of children with hearing loss;Supp. 12/31/138-9-6

Education290-8-9(ii)Determination of the range, nature, and degreeof hearing loss, including referral for medical or otherprofessional attention for the habilitation of hearing;(iii)Provision of habilitative activities, such aslanguage habilitation, auditory training, speech reading(lip-reading), hearing evaluation, and speech conservation;(iv)Creation and administration of programs forprevention of hearing loss;(v)Counseling and guidance of children, parents,and teachers regarding hearing loss; and(vi)Determination of children's needs for group andindividual amplification, selecting and fitting an appropriateaid, and evaluating the effectiveness of amplification.2.Counseling services means services provided byqualified social workers, psychologists, guidance counselors,or other qualified personnel.3.Early identification and assessment ofdisabilities in children means the implementation of a formalplan for identifying a disability as early as possible in achild's life.4.Interpreting services includes:(i)The following, when used with respect tochildren who are deaf or hard of hearing: Oral transliterationservices, cued language transliteration services, signlanguage transliteration and interpreting services, andtranscription services, such as communication access real-timetranslation (CART), C-Print, and TypeWell; and(ii)Special interpreting services for children whoare deaf-blind.5.Medical services means services provided by alicensed physician to determine a child's medically relateddisability that results in the child's need for specialeducation and related services.6.Occupational therapy means services provided bya qualified occupational therapist; and includes:Supp. 12/31/138-9-7

Chapter 290-8-9Education(i)Improving, developing, or restoring functionsimpaired or lost through illness, injury, or deprivation;(ii)Improving ability to perform tasks forindependent functioning if functions are impaired or lost; and(iii)Preventing, through early intervention, initialor further impairment or loss of function.7.Orientation and mobility services:(i)Means services provided to blind or visuallyimpaired children by qualified personnel to enable thosestudents to attain systematic orientation to and safe movementwithin their environments in school, home, and community; and(ii)appropriate:Includes teaching children the following, as(I)Spatial and environmental concepts and use ofinformation received by the senses (such as sound, temperatureand vibrations) to establish, maintain, or regain orientationand line of travel (e.g., using sound at a traffic light tocross the street);(II)To use the long cane or a service animal tosupplement visual travel skills or as a tool for safelynegotiating the environment for children with no availabletravel vision;(III)To understand and use remaining vision anddistance low vision aids; and(IV)Other concepts, techniques, and tools.8.Parent counseling and training means assistingparents in understanding the special needs of their child;providing parents with information about child development;and helping parents to acquire the necessary skills that willallow them to support the implementation of their child's IEPor IFSP.9.Physical therapy means services provided by aqualified physical therapist.10.Supp. 12/31/13Psychological services includes:8-9-8

Education290-8-9(i)Administering psychological and educationaltests, and other assessment procedures;(ii)Interpreting assessment results;(iii)Obtaining, integrating, and interpretinginformation about child behavior and conditions relating tolearning;(iv)Consulting with other staff members in planningschool programs to meet the special educational needs ofchildren as indicated by psychological tests, interviews,direct observation, and behavioral evaluations;(v)Planning and managing a program of psychologicalservices, including psychological counseling for children andparents; and(vi)Assisting in developing positive behavioralintervention strategies.11.Recreation includes:(i)Assessment of leisure function;(ii)Therapeutic recreation services;(iii)Recreation programs in schools and communityagencies; and(iv)Leisure education.12.Rehabilitation counseling services meansservices provided by qualified personnel in individual orgroup sessions that focus specifically on career development,employment preparation, achieving independence, andintegration in the workplace and community of a student with adisability. The term also includes vocational rehabilitationservices provided to a student with a disability by vocationalrehabilitation programs funded under the Rehabilitation Act of1973, as amended, 29 U.S.C. 701 et seq.13.School health services and school nurse servicesmeans health services that are designed to enable a child witha disability to receive FAPE as described in the child's IEP.School nurse services are services provided by a qualifiedschool nurse. School health services are services that may beSupp. 12/31/138-9-9

Chapter 290-8-9Educationprovided by either a qualified school nurse or other qualifiedperson.14.Social work services in schools includes:(i)Preparing a social or developmental history on achild with a disability;(ii)and family;Group and individual counseling with the child(iii)Working in partnership with parents and otherson those problems in a child's living situation (home, school,and community) that affect the child's adjustment in school;(iv)Mobilizing school and community resources toenable the child to learn as effectively as possible in his orher educational program; and(v)Assisting in developing positive behavioralintervention strategies.15.Speech-language pathology services includes:(i)Identification of children with speech orlanguage impairments;(ii)Diagnosis and appraisal of specific speech orlanguage impairments;(iii)Referral for medical or other professionalattention necessary for the habilitation of speech or languageimpairments;(iv)Provision of speech and language services forthe habilitation or prevention of communicative impairments;and(v)Counseling and guidance of parents, children,and teachers regarding speech and language impairments.16.Transportation includes:(i)Travel to and from school and between schools;(ii)Travel in and around school buildings; andSupp. 12/31/138-9-10

Education290-8-9(iii)Specialized equipment (such as special oradapted buses, lifts, and ramps), if required to providespecial transportation for a child with a disability.(19)Secondary School. Secondary school means anonprofit institutional day or residential school, including apublic secondary charter school that provides secondaryeducation, as determined under state law, except that it doesnot include any education beyond Grade 12.(20)Services Plan. Services plan means a writtenstatement that describes the special education and relatedservices the LEA will provide to a parentally-placed childwith a disability enrolled in a private school who has beendesignated to receive services, including the location of theservices and any transportation necessary, and is developedand implemented in accordance with these rules.(21)Special Education.(a)General.1.Special education means specially designedinstruction, at no cost to the parents, to meet the uniqueneeds of a child with a disability, including:(i)Instruction conducted in the classroom, in thehome, in hospitals and institutions, and in other settings;and(ii)Instruction in physical education.2.Special education includes each of thefollowing, if the services otherwise meet the requirements ofparagraph (a)1. of this section:(i)Speech-language pathology services;(ii)Travel training; and(iii)Vocational education.(b)Individual special education terms defined. Theterms in this definition are defined as follows:1.At no cost means that all specially-designedinstruction is provided without charge, but does not precludeSupp. 12/31/138-9-11

Chapter 290-8-9Educationincidental fees that are normally charged to nondisabledstudents or their parents as a part of the regular educationprogram.2.Physical education means:(i)The development of:(I)Physical and motor fitness;(II)Fundamental motor skills and patterns; and(III)Skills in aquatics, dance, and individual andgroup games and sports (including intramural and lifetimesports); and(ii)Includes special physical education, adaptedphysical education, movement education, and motor development.3.Specially designed instruction means adapting,as appropriate, to the needs of an eligible child under theserules, the content, methodology, or delivery of instruction:(i)To address the unique needs of the child thatresult from the child's disability; and(ii)To ensure access of the child to the generalcurriculum, so that the child can meet the educationalstandards within the jurisdiction of the public agency thatapply to all children.4.Travel training means providing instruction, asappropriate, to children with significant cognitivedisabilities, and any other children with disabilities whorequire this instruction, to enable them to:(i)Develop an awareness of the environment in whichthey live; and(ii)Learn the skills necessary to move effectivelyand safely from place to place within that environment (e.g.,in school, in the home, at work, and in the community).5.Vocational education means organized educationalprograms that are directly related to the preparation ofindividuals for paid or unpaid employment, or for additionalSupp. 12/31/138-9-12

Education290-8-9preparation for a career not requiring a baccalaureate oradvanced degree.(22)State Educational Agency (SEA). Stateeducational agency or SEA means the State Board of Educationor o

STATE BOARD OF EDUCATION STATE DEPARTMENT OF EDUCATION DIVISION OF SPECIAL EDUCATION SERVICES ADMINISTRATIVE CODE CHAPTER 290-8-9 SPECIAL EDUCATION SERVICES TABLE OF CONTENTS 290-8-9-.00 Definitions 290-8-9-.01 Child Identification 290-8-9-.02 Evaluations 290-8-9-.03 Disability Definiti

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