92 Neb. Admin. Code, ch. 51, § 003 - Definition of Terms
003.01
Adjusted average per pupil cost (AAPC) of the
preceding year means the amount computed by dividing the total instructional
expenditure, excluding special education expenditures, by the preceding year's
average daily membership as reported in the annual finance report. The costs of
sectarian instruction shall not be included in determining the adjusted average
per pupil cost of the preceding year and the computation shall be subject to
audit by appropriate state agencies. (See Section oil.)
003.02
Assistive technology
device means any item, piece of equipment, or product system,
whether acquired commercially off the shelf, modified, or customized, that is
used to increase, maintain, or improve functional capabilities of a child with
a disability. The term does not include a medical device that is surgically
implanted, or the replacement of such device.
003.03
Assistive technology
service means any service that directly assists a child with a
disability in the selection, acquisition or use of an assistive technology
device. The term includes the evaluation of the needs of a child with a
disability, including a functional evaluation of the child in the child's
customary environment; purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by children with a disability;
selecting, designing, fitting, customizing, adapting, applying, maintaining,
repairing or replacing of assistive technology devices; coordinating and using
other therapies, interventions, or services with assistive technology devices,
such as those associated with existing education and rehabilitation plans and
programs; training or technical assistance for a child with a disability, or if
appropriate, that child's family; and training or technical assistance for
professionals (including individuals providing education or rehabilitation
services), employers, or other individuals who provide services to, employ, or
are otherwise substantially involved in the major life functions of the child
with a disability.
003.04
At no cost means that all specially-designed
instruction is provided without charge, but does not preclude incidental fees
that are normally charged to nondisabled children or their parents as a part of
the regular education program.
003.05
Below age
five means those children who have not reached their fifth
birthday on or before July 31 of the current school year.
003.06
Categorical
program means a special education program setting in which
services are provided to children with the same disability.
003.07
Child
find means that all children with disabilities residing in the
State, including children with disabilities who are homeless children, or are
wards of the State and children with disabilities attending nonpublic schools,
regardless of the severity of their disability, and who are in need of special
education and related services, are identified, located, and evaluated; and a
practical method is developed and implemented to determine which children are
currently receiving needed special education and related services (See Section
006).
003.08
Child
with a disability means a child who has been verified pursuant
to Section 006 as a child with autism, a behavior disorder (herein referred to
as emotional disturbance), deaf-blindness, a developmental delay, a hearing
impairment including deafness, an intellectual disability, multiple impairment,
an orthopedic impairment, an other health impairment, a specific learning
disability, a speech-language impairment, a traumatic brain injury or a visual
impairment including blindness, who because of this impairment needs special
education and related services. If, under 92 NAC 51-003.56, it is determined,
through an appropriate evaluation under Section 006, that a child has one of
the disabilities identified above, but only needs a related service and not
special education, the child is not a child with a disability under this
Chapter. If the related service required by the child is considered special
education rather than a related service, the child would be determined to be a
child with a disability.
003.09
Consent means that the parent has been fully
informed of all information relevant to the activity for which consent is
sought, in his or her native language, or other mode of communication; that the
parent understands and agrees in writing to the carrying out of the activity
for which his or her consent is sought; that the consent includes a description
of the proposed activity and a list of records (if any) which will be released
and to whom they will be released; and the parent understands that the granting
of consent is voluntary and may be revoked at any time. If a parent revokes
consent, that revocation is not retroactive (i.e., it does not negate an action
that has occurred after the consent was given and before the consent was
revoked). If the parent revokes consent in writing for their child's receipt of
special education services after the child is initially provided special
education and related services, the school district or approved cooperative is
not required to amend the child's education records to remove any references to
the child's receipt of special education and related services because of the
revocation of consent.
003.10
Controlled substance means a drug or other
substance identified under schedules I, II, III, IV or V in Section 202(c) of
the Controlled Substances Act (21 U.S.C.
812(c)).
003.11
Cooperative means two or more school districts or
an Educational Service Unit (ESU) approved by the Nebraska Department of
Education to jointly perform special education functions, including receipt of
special education payments.
003.12
Core Academic Subjects has the meaning given the
term in Section 602(4) of the Individuals with Disabilities Education Act of
2004. (See Appendix A)
003.13
Day means calendar day unless otherwise indicated
as business day or school day;
003.13A
Business day means Monday through Friday, except
for Federal and State holidays (unless holidays are specifically included in
the designation of business day) as in 92 NAC 51-015.02C2.
003.13B
School
day means any day, including a partial day, that children are
in attendance at school for instructional purposes. The term school day has the
same meaning for all children in school, including children with and without
disabilities.
003.14
Destruction means physical destruction or removal
of personal identifiers from information so that the information is no longer
personally identifiable.
003.15
Early childhood special education (ECSE) programs
means special education programs and related services designed to serve
children below age five with verified disabilities.
003.16
Early Intervening
Services means the development and implementation of
coordinated, early intervening services, which may include interagency
financing structures, for children in kindergarten through grade 12 (with a
particular emphasis on children in kindergarten through grade 3) who are not
currently identified as needing special education or related services but who
need additional academic and behavioral support to succeed in a general
education environment.
003.17
Education records means those records that are
directly related to a child which are maintained by an educational agency or
institution or by a party acting for the agency or institution. This term
parallels the definition contained in the regulations implementing the Family
Educational Rights and Privacy Act (FERPA).
003.18
Educational sign
language interpreter means a person who provides interpreter
services for individuals with deafness or hearing impairments for special
education evaluations or services pursuant to lEPs; and who is qualified to
facilitate communication between people who do not share a common language or
mode of communication.
003.19
Equipment means machinery, utilities, and
built-in equipment, and any necessary enclosures or structures to house the
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.
003.20
Equitable services plan means a written statement
that describes the special education and related services the school district
or approved cooperative will provide to a parentally-placed non-resident child
with a disability enrolled in a nonpublic school in a district other than the
district of residence who has been designated to receive services, including
the location of the services and any transportation necessary consistent with
Section 015 of this Chapter, and is developed and implemented in accordance
with Section 015 of this Chapter.
003.21
Evaluation means procedures used in accordance
with 92 NAC
51-006 to determine whether a child
has a disability and the nature and extent of the special education and related
services that the child needs.
003.22
Excess
costs means the difference between:
(1) the total allowable cost of the special
education programs excluding residential care, and
(2) the number of children (full time
equivalency) in the special education program multiplied by the adjusted
average per pupil cost of the school district of each child for the preceding
year.
003.23
Extended school year services means special
education and related services that: are provided to a child with a disability,
beyond the normal school year of the school district or approved cooperative,
in accordance with the child's lEP, at no cost to the parents of the child, and
meet the requirements of 92 NAC 51.
003.24
Free appropriate public
education or FARE means special education and related services
that are provided at public expense, under public supervision, and direction,
and without charge; meet the standards of the state including the requirements
of this Chapter; include an appropriate preschool, elementary school, or
secondary school education in Nebraska and are provided in conformity with an
individualized education program (lEP) that meets the requirements of 92 NAC
51-007.
003.25
Full time equivalency
(FTE) means the amount of time an individual staff member
spends in his or her position assignment as it relates to the total time in the
work week defined for that position by each school district.
003.26
Functional behavioral
assessment means the process of gathering information that may
be used to maximize the effectiveness and efficiency of behavior support
(direct observation must be included). It involves a description of the problem
behavior, the identification of antecedents which occasion the behavior and
consequences which maintain it, the function the behavior serves (e.g.,
attention, communication, task avoidance), and the selection of alternative
behaviors which will provide the same function.
003.27
Homeless
children has the meaning given the term homeless children and
youth in Section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C.
11434a).
003.28
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 U.S.C.
812(c)) or under any other
provisions of federal law.
003.29
Include means that the items named are not all of
the possible items that are covered, whether like or unlike the ones
named.
003.30
Independent educational evaluation means an
evaluation conducted by a qualified examiner who is not employed by the school
district or approved cooperative responsible for the education of the child in
question.
003.31
Individualized education program (lEP) means a
written statement for a child with a verified disability that is developed,
reviewed and revised in a meeting in accordance with Section 007 which
specifies the special education and related services necessary to assure the
child a free appropriate public education.
003.32
Individualized education
program team or lEP team means a group of individuals described
in Section 007 that is responsible for developing, reviewing, or revising an
lEP for a child with a disability.
003.33
Individualized Family
Service Plan (IFSP) means a written plan for providing early
intervention services to a child with a disability age birth through the school
year in which the child reaches age 3 and the child's family that is developed
and implemented in accordance with 92 NAC 52.
003.34
Level I Special
Education Services means those services provided to children
who require an aggregate of not more than three (3) hours of such services per
week. Level I special education services may be provided for or contracted for
and shall include all administrative, diagnostic, consultative, vocational
adjustment counselor services and support services. Administration, diagnostic
services, and special education staff consultation with other staff shall not
be included in the computation of hours of services provided to a child each
week.
003.35
Level I
and Level II Combination Special Education Services means those
special education programs which serve both Level I and Level II students in a
combined program.
003.36
Level II Special Education Services means those
special education and related services which are provided for a period of time
exceeding an aggregate of three hours per week.
003.37
Level III Special
Education Contractual Services means those special education
and related services provided in an educational setting not operated by the
school district or approved cooperative whose rates are approved by the
Nebraska Department of Education. This shall mean special education and related
services provided for a period of time exceeding an aggregate of three hours
per week.
003.38
Life
support equipment means equipment used to maintain or sustain
life functions.
003.39
Limited English Proficient has the meaning given
the term in Section 602(18) in the Individuals with Disabilities Education Act
of 2004. (See Appendix A)
003.40
Multicategorical program means a special
education program setting which provides services to any combination of
categories of children with disabilities.
003.41
Multidisciplinary
evaluation team (MDT) means a group of qualified professionals
and the parent whose responsibility is to evaluate the abilities and needs of a
child referred for evaluation and to determine whether or not the child meets
the definition of a child with a disability.
003.42
Native
language, (when used with respect 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 parents 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).
003.43
Notice
means written information provided to the parent of a child with a disability a
reasonable time before the school district or approved cooperative proposes or
refuses to initiate or change identification, evaluation, or educational
placement of a child or the provision of a free appropriate public
education.
003.44
Parent means a biological or adoptive parent of a
child; a foster parent, unless State law, regulations, or contractual
obligations with a State or local entity prohibit a foster parent from acting
as a parent; a guardian generally authorized to act as the child's parent, or
authorized to make educational decisions for the child (but not the State if
the child is a ward of the State); 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; or a surrogate parent who has been
appointed in accordance with 92 NAC 51-009.10B. The biological or adoptive
parent, when attempting to act as the parent and when more than one party is
qualified to act as a parent, must be presumed to be the parent unless the
biological or adoptive parent does not have legal authority to make educational
decisions for the child. However, if a judicial decree or order identifies a
specific person or persons to act as the "parent" of a child or to make
educational decisions on behalf of a child, then such person or persons shall
be determined to be the "parent" for purposes of this subsection.
003.45
Personal equipment and
supplies means items necessary for daily life activities
occurring outside the requirement of the lEP which are generally expected to be
the responsibility of parents.
003.46
Personally
identifiable means information that contains the name of the
child, the child's parent or other family member; the address of the child; a
personal identifier such as the child's social security number or NDE student
ID; or a list of personal characteristics or other information that would make
it possible to identify the child with reasonable certainty.
003.47
Public
agency includes the Nebraska Department of Education, school
districts and approved cooperatives and any other political subdivisions of the
state that are responsible for providing education to children with
disabilities.
003.48
Referral means the submission of a request by a
parent, school personnel or approved agency for an individual evaluation of a
child suspected of having a disability.
003.49
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 include 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 that
device's functioning (e.g., mapping), maintenance of that device, or the
replacement of that device. This definition does not limit the right of a child
with a surgically planted device (e.g., cochlear implant) to receive related
services as listed in this definition that are determined by the lEP team to be
necessary for the child to receive FARE or limits the responsibility of a
school district 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 prevents the routine
checking of an external component of a surgically implanted device to make sure
it is functioning properly.
003.50
Residential care means food and lodging and any
other related expenses which are not part of the education program, but such
care shall not include expenditures for medical or dental services. (See 92 NAC
53.)
003.51
School
age programs means special education programs and related
services designed to serve children with verified disabilities from age five
through the school year in which the children reach age twenty-one. Children
who have reached their fifth birthday prior to July 31 shall be considered
school age.
003.52
School district means a public school district or
a cooperative approved as a Nebraska Department of Education special education
service provider.
003.53
Serious bodily injury means bodily injury which
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.
003.54
Service
agency means the school district or approved cooperative,
educational service unit, local or regional office of mental retardation, or
some combination thereof, or such other agency approved by the Department of
Education as may provide a special education program including an institution
not wholly owned or controlled by the state or a political
subdivision.
003.55
Service provider means an individual or service
agency, excluding a school district or approved cooperative, provisionally
approved by the Nebraska Department of Education.
003.56
Special
education means specially designed instruction, at no cost to
the parent, to meet the unique needs of a child with a verified disability,
including classroom instruction, home instruction, instruction in hospitals and
institutions and in other settings and instruction in physical education. The
term includes travel training, vocational education, speech-language pathology,
occupational therapy and physical therapy if the service consists of specially
designed instruction, at no cost to the parents, to meet the unique needs of a
child with a disability.
003.56A
Physical Education means the development of
physical and motor fitness; fundamental motor skills and patterns; and skills
in aquatics, dance and individual and group games and sports (including
intramural and lifetime sports); and includes special physical education,
adapted physical education, movement education and motor development.
003.56B
Vocational
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.
003.57
Specially designed
instruction means adapting as appropriate to the needs of an
eligible child under this Chapter the content, methodology, or delivery of
instruction to address the unique needs of the child that result from the
child's disability and to ensure access to the general curriculum so that the
child can meet the educational standards within the jurisdiction of the public
school district or approved cooperative that apply to all children.
003.58
Student assistance team
(SAT) means a group of persons utilizing problem solving and
intervention strategies to assist the teacher(s) in the provision of general
education.
003.59
Supplementary aids and services means, aids,
services, and other supports that are provided in regular education classes or
other education-related settings and in extracurricular and non-academic
settings to enable children with disabilities to be educated with nondisabled
children to the maximum extent appropriate in accordance with Section 008 of
this Chapter.
003.60
Support services means preventative services for
students not identified or verified as having a disability as per Section 006
but who demonstrate a need for specially designed assistance in order to
benefit from the school's general education curriculum and to avoid the need
for potentially expensive special education placement and services.
003.61
Surrogate
parent means an individual appointed by the school district or
approved cooperative to act in place of a parent in safeguarding a child's
rights in the special education decision making process.
003.62
Teacher meeting IDEA
2004 criteria, for any special education teacher, has the
meaning given in Section 602(10) of the Individuals with Disabilities Education
Act of 2004. (See Appendix A)
003.63
Transition
services means a coordinated set of activities for a child with
a disability that is designed to be within a results-oriented process that 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 post-secondary education, vocational training, integrated
employment (including supported employment), continuing and adult education,
adult services, independent living, or community participation; is based upon
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, when appropriate, acquisition of daily living
skills and a functional vocational evaluation. Transition services for children
with disabilities may be special education, if provided as specially designed
instruction, or related services, if required to assist a child with a
disability to benefit from special education.
003.64
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 develop an
awareness of the environment in which they live; and learn the skills necessary
to move effectively and safely from place to place within that environment
(e.g., in the school, in the home, at work, and in the community).
003.65
Universal
design has the meaning given the term in Section 3 of the
Assistive Technology Act of 1998 (29 U.S.C.
3002).
003.66
Ward of any
court means any minor child who, by virtue of a court order
entered by a court of competent jurisdiction, has been adjudicated to be a ward
of the court.
003.67
Ward of the State means a child who, as
determined by the State where the child resides, is a foster child, is a ward
of the State, or is in the custody of a public child welfare agency. The term
does not include a foster child who has a foster parent who meets the
definition of a parent in 92 NAC 51-003.44.
003.68
Weapon
means a dangerous weapon as defined in
18 U.S.C.
930(g)(2) to mean a device,
instrument, material, or substance, animate or inanimate, that is used for, or
is readily capable of, causing death or serious bodily injury, except that such
term does not include a pocket knife with a blade of less than 2-1/2 inches in
length.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.