157.200 Definitions for KRS 157.200 to 157.290

157.200 Definitions for KRS 157.200 to 157.290.

(1) "Exceptional children and youth" means persons under twenty-one (21) years of age

who differ in one (1) or more respects from same-age peers in physical, mental,

learning, emotional, or social characteristics and abilities to such a degree that they

need special educational programs or services for them to benefit from the regular

or usual facilities or educational programs of the public schools in the districts in

which they reside. The Department of Education, through administrative regulations

promulgated by the Kentucky Board of Education, shall interpret the statutory

definitions of exceptionality. An exceptionality is any trait so defined in this section

or by administrative regulations promulgated by the Kentucky Board of Education.

Requirements of average daily attendance for exceptional classes shall be regulated

by statute, or in the absence of direction by administrative regulations promulgated

by the Kentucky Board of Education. Categories of exceptionalities included within,

but not limited by, this definition are as follows:

(a) "Orthopedic impairment" means a severe physical impairment of bone or

muscle which adversely affects educational performance to the extent that

specially designed instruction is required for the pupil to benefit from

education. The term includes physical impairments caused by congenital

anomaly, disease, and from other causes;

(b) "Other health impaired" means limited strength, vitality, or alertness,

including a heightened alertness to environmental stimuli, due to a chronic or

acute health problem which adversely affects educational performance to the

extent that specially designed instruction is required for the pupil to benefit

from education. Chronic health problems may include, but are not be limited

to, a heart condition, tuberculosis, sickle cell anemia, hemophilia, epilepsy,

rheumatic fever, nephritis, asthma, lead poisoning, leukemia, diabetes,

attention deficit disorder, attention deficit hyperactive disorder, or acquired

immune deficiency syndrome;

(c) "Speech or language impairment" means a communication disorder such as

stuttering, impaired articulation, impaired language, impaired voice, delayed

acquisition of language, or absence of language that adversely affects

educational performance to the extent that specially designed instruction is

required for the pupil to benefit from education;

(d) "Hearing impairment" means a physiological hearing loss:

1. Ranging from mild to profound, which is either permanent or

fluctuating, and of such a degree that the pupil is impaired in the

processing of linguistic information via the auditory channel either with

or without amplification; or

2. That adversely affects educational performance so that specially

designed instruction is required for the child or youth to benefit from

education.

The term shall include both deaf and hard of hearing children;

(e) "Mental disability" means a deficit or delay in intellectual and adaptive

behavior functioning, which adversely affects educational performance to the

extent that specially designed instruction is required for the pupil to benefit

from education, and which is typically manifested during the developmental

period;

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education.

The term shall include both deaf and hard of hearing children;

(e) "Mental disability" means a deficit or delay in intellectual and adaptive

behavior functioning, which adversely affects educational performance to the

extent that specially designed instruction is required for the pupil to benefit

from education, and which is typically manifested during the developmental

period;

(f) "Specific learning disability" means a disorder in one (1) or more of the

psychological processes primarily involved in understanding or using spoken

or written language, which selectively and significantly interferes with the

acquisition, integration, or application of listening, speaking, reading, writing,

reasoning, or mathematical abilities. "Specific learning disability" may include

conditions such as dyslexia, dyscalculia, dysgraphia, developmental aphasia,

or perceptual motor disabilities. The disorder is lifelong, intrinsic to the

individual, and adversely affects educational performance to the extent that

specially designed instruction is required in order for the pupil to benefit from

education. Determination of the existence of a specific learning disability shall

include documentation that a child does not make sufficient progress in

meeting age or grade-level content standards when provided with appropriate

instruction and learning experiences delivered by qualified personnel,

including the child's response to scientific, research-based interventions and

additional information derived from an individual evaluation. The term does

not include a learning problem which is primarily the result of:

1. A hearing impairment;

2. Visual, physical, mental, or emotional-behavioral disabilities;

3. Environmental, cultural, or economic differences; or

4. Limited English proficiency;

(g) "Emotional-behavioral disability" means a condition characterized by

behavioral excess or deficit which significantly interferes with a pupil's

interpersonal relationships or learning process to the extent that it adversely

affects educational performance so that specially designed instruction is

required in order for the pupil to benefit from education;

(h) "Multiple disability" means a combination of two (2) or more disabilities

resulting in significant learning, developmental, or behavioral and emotional

problems, which adversely affects educational performance and, therefore,

requires specially designed instruction in order for the pupil to benefit from

education. A pupil is not considered to have a multiple disability if the adverse

effect on educational performance is solely the result of deaf-blindness or the

result of speech or language disability and one (1) other disabling condition;

(i) "Deaf-blind" means auditory and visual impairments, the combination of

which creates such severe communication and other developmental and

learning needs that the pupil cannot be appropriately educated in special

education programs designed solely for pupils with hearing impairments,

visual impairments, or severe disabilities, unless supplementary assistance is

provided to address educational needs resulting from the two (2) disabilities;

(j) "Visually disabled" means a visual impairment, which, even with correction,

adversely affects educational performance to the extent that specially designed

instruction is required for the pupil to benefit from education. The term

includes both partially seeing and blind pupils;

(k) "Developmental delay" means a significant discrepancy between a child's

current level of performance in basic skills such as cognition, language or

communication, self-help, social-emotional, or fine or gross motor, and the

expected level of performance for that age. The term shall be used only with

children ages three (3) through eight (8);

ncludes both partially seeing and blind pupils;

(k) "Developmental delay" means a significant discrepancy between a child's

current level of performance in basic skills such as cognition, language or

communication, self-help, social-emotional, or fine or gross motor, and the

expected level of performance for that age. The term shall be used only with

children ages three (3) through eight (8);

(l) "Traumatic brain injury" means an acquired impairment to the neurological

system resulting from an insult to the brain which adversely affects

educational performance and causes temporary or permanent and partial or

complete loss of:

1. Cognitive functioning;

2. Physical ability; or

3. Communication or social-behavioral interaction.

The term does not include a brain injury that is congenital or degenerative, or

a brain injury induced by birth trauma;

(m) "Autism" means a developmental disability significantly affecting verbal and

nonverbal communication and social interaction, generally evident before age

three (3), that adversely affects educational performance. Characteristics of

autism include:

1. Engagement in repetitive activity and stereotyped movement;

2. Resistance to environmental change or change in daily routine; and

3. Unusual responses to sensory experience.

The term does not include children with characteristics of an emotional-

behavioral disability; and

(n) "Gifted and talented student" means a pupil identified as possessing

demonstrated or potential ability to perform at an exceptionally high level in

general intellectual aptitude, specific academic aptitude, creative or divergent

thinking, psychosocial or leadership skills, or in the visual or performing arts.

(2) "Special education" means specially designed instruction to meet the unique needs

of an exceptional child or youth.

(3) "Special educational facilities" means physical facilities designed or adapted to

meet the needs of exceptional children and youth, and approved according to

regulations promulgated by the Kentucky Board of Education.

(4) "Related services" means transportation and the developmental, corrective, and

other supportive services required to assist an exceptional child or youth to benefit

from special education, and may include, but are not limited to, speech-language

pathology and audiology services; psychological services; physical and occupational

therapy; recreation, including therapeutic recreation; early identification and

assessment of disabilities; counseling services, including rehabilitation counseling;

orientation and mobility services; medical services for diagnostic or evaluation

purposes; school health services; social work services in schools; and parent

counseling and training.

(5) "Transition services" means a coordinated set of activities for a pupil designed

within an outcome-oriented process, that promotes movement from school to

postschool activities. The term includes:

(a) Postsecondary education;

(b) Vocational training; and

(c) Integrated employment, including supported employment, continuing and

adult education, adult services, independent living, or community

participation.

The coordinated set of activities shall be based on the individual pupil's needs,

taking into account the pupil's preferences and interests, and shall include

instruction, community experience, the development of employment, and other

postschool adult living objectives, and, if appropriate, acquisition of daily living

skills and functional vocational evaluation.