Section 226.75 Definitions

Section 226

Section 226.75  Definitions

"Behavioral

intervention" means an intervention based on the methods and empirical

findings of behavioral science that is designed to positively influence a

child's actions or behaviors.

"Business

day" means Monday through Friday, except for federal and State holidays.

"Common languages"

means the five most commonly spoken languages other than English that are used

in the State of Illinois, based on the most recent Home Language Survey

results; and for a given school district, any language that is spoken by more

than 20 total families in that school district.

"Day"

means a calendar day.

"Disability"

means the 13 disabilities identified in the federal Individuals with

Disabilities Education Act for special education and related services.  These

disabilities (autism, deaf-blindness, deafness, emotional disability, hearing

impairment, intellectual disability, multiple disabilities, orthopedic

impairment, other health impairment, specific learning disability, speech or

language impairment, traumatic brain injury, and visual impairment) shall be

defined as set forth in 34 CFR 300.8(c).  In addition, for purposes of this

Part, "autism" shall include, but not be limited to, any Autism

Spectrum Disorder that adversely affects a child's educational performance.

"Domain"

means an aspect of a child's functioning or performance that must be considered

in the course of designing an evaluation.  The domains are health, vision,

hearing, social and emotional status, general intelligence, academic

performance, communication status, and motor abilities.

"Equipment"

has the meaning ascribed to that term under 34 CFR 300.14.

"Evaluation"

has the meaning ascribed to that term under 34 CFR 300.15.

"Extended

school year services" has the meaning ascribed to that term under 34 CFR

300.106(b)

The domains are health, vision,

hearing, social and emotional status, general intelligence, academic

performance, communication status, and motor abilities.

"Equipment"

has the meaning ascribed to that term under 34 CFR 300.14.

"Evaluation"

has the meaning ascribed to that term under 34 CFR 300.15.

"Extended

school year services" has the meaning ascribed to that term under 34 CFR

300.106(b).

"Functional

behavioral assessment" means an assessment process for gathering

information regarding the target behavior, its antecedents and consequences,

controlling variables, the student's strengths, and the communicative and

functional intent of the behavior, for use in developing behavioral

interventions.

"General curriculum"

means the curriculum adopted or used by a local school district or by the

schools within a district for nondisabled students; the content of the program,

as opposed to the setting in which it is offered.

"Individualized

education program team" or "IEP team" has the meaning ascribed to

that term under 34 CFR 300.23.

"Independent

educational evaluation" has the meaning ascribed to that term under 34 CFR

300.502(a)(3)(i).

"Individualized

education program" or "IEP" has the meaning ascribed to that

term under 34 CFR 300.22.  An IEP shall be considered "linguistically and

culturally appropriate" if it addresses the language and communication

needs of a student as a foundation for learning, as well as any cultural

factors that may affect the student's education.

"Individualized

Family Service Plan" or "IFSP" means 20 U.S.C. 1401(15).

"Interpreter"

means a person fluent in English and in the necessary language of the parent

and who can accurately speak, read, and readily interpret the necessary second

language, or a person who can accurately sign and read sign language.

"Interpretation

services" means the verbal interpretation of English into another language

and of the other language into English

means 20 U.S.C. 1401(15).

"Interpreter"

means a person fluent in English and in the necessary language of the parent

and who can accurately speak, read, and readily interpret the necessary second

language, or a person who can accurately sign and read sign language.

"Interpretation

services" means the verbal interpretation of English into another language

and of the other language into English. "Interpretation services" may

also include sight translations of written text into spoken word.

"Least

Restrictive Environment" or "LRE" has the meaning ascribed in 34

CFR 300.114.

"Less common

language" means any language that is not considered a common language, as

defined in this Section.

"Limited

English proficient" has the meaning ascribed to that term under 34 CFR

300.27.

"Native language"

has the meaning ascribed to that term under 34 CFR 300.29.

"Parent"

has the meaning ascribed to that term under 34 CFR 300.30.

"Personally

identifiable" has the meaning ascribed to that term under 34 CFR 300.32.

"Preferred language"

means a parent's or guardian's native language or any other language with which

both parents or guardians are fluent and have agreed upon. "Preferred language"

does not include artificial or constructed languages, including, but not

limited to, Klingon, Dothraki, Elvish, or Esperanto.

"Qualified bilingual

specialist" means an individual who holds the qualifications described in

Section 226.800(e).

"Qualified interpreter"

means a school staff member or other personnel who is:

bilingual and demonstrably

qualified and competent to interpret;

trained in providing the

interpretations requested and sufficiently knowledgeable in both languages and

of any specialized terminology needed; and

trained in ethics of

interpretation.

"Qualified

personnel" means staff members or other individuals who hold the

certificate, educator or professional license, registration, or credential that

is required for the performance of a particular task

;

trained in providing the

interpretations requested and sufficiently knowledgeable in both languages and

of any specialized terminology needed; and

trained in ethics of

interpretation.

"Qualified

personnel" means staff members or other individuals who hold the

certificate, educator or professional license, registration, or credential that

is required for the performance of a particular task.

"Qualified

specialist" means an individual who holds the applicable qualifications

described in Subpart I.

"Related services"

has the meaning ascribed to that term under 34 CFR 300.34.

"School

Code" or "Code" means 105 ILCS 5.

"School day"

means any day, including a partial day, that children are in attendance at

school for instructional purposes.

"School district" means

a public school district established under Article 10 or Article 34 of the

School Code or a charter school established under Article 27A of the School

Code.

"Special education"

has the meaning ascribed to that term under 34 CFR 300.39.

"State

Board" means the Illinois State Board of Education.

"Student record"

has the meaning ascribed at 23 Ill. Adm. Code 375.10 (Student Records).

"Supplementary

aids and services" has the meaning ascribed to that term in 34 CFR 300.42.

"Transition

services" has the meaning ascribed to that term in 105 ILCS 5/14-8.03.

"Vital

Documents List" includes the IEP, Parent/Guardian Notification of

Conference, Parent/Guardian Notification of Conference Recommendations, Notice

of Procedural Safeguards for Parents/Guardians of Students with Disabilities, Parent/Guardian

Consent for Initial Evaluation, Parent Consent for Reevaluation, Evaluation

Reports, Eligibility Determination, Manifestation Determination Review

documents, IEP Progress Reports, and Medicaid Consent Forms.