PART I. GENERAL PROVISIONS

 

§302A-101  Definitions.  As used in thischapter, the following terms have the following meanings unless the contextindicates otherwise:

"Air conditioning" means anymechanical device that cools or heats air.

"Board" means the board of education.

"Cafeteria workers" includes allemployees of any public school cafeteria other than the cafeteria manager.

"Charter school administrativeoffice" or "office" means the office established in section302B-8 responsible for the internal organization, operation, and management ofthe charter school system.

"Charter school review panel" or"panel" means the panel established in section 302B-3.

"Charter schools" means publicschools holding charters to operate as charter schools under chapter 302B,including start-up and conversion charter schools, that have the flexibility toimplement alternative frameworks with regard to curriculum, facilitiesmanagement, instructional approach, length of the school day, week, or year,and personnel management.

"Complex area superintendent" meansthe chief administrative officer of a complex area and the school complexestherein.

"Department" means the department ofeducation.

"Early education" means adevelopmentally appropriate early childhood development and education programfor children from birth to eight years of age.

"EDN 100" means the budget programidentification number for the school-based budgeting program within thedepartment.

"Educational officers" includesprincipals, vice-principals, and professional employees of the state anddistrict offices of the department, except those employees in the classifiedservice.

"Exceptional children" includes:

(1)  Persons under twenty years of age who deviatefrom the so-called normal person in physical, mental, social, or emotionalcharacteristics or abilities to such an extent that specialized training,techniques, and equipment are required to enable these persons to attain themaximum of their abilities or capacities; provided that "exceptionalchildren" shall not include "gifted and talented children";

(2)  Persons under twenty years of age who by reasonof physical defects cannot attend the regular public school classes with normalchildren; and

(3)  Persons under twenty years of age who arecertified by a licensed physician eligible for membership in the state medicalsociety as being emotionally maladjusted or intellectually incapable ofprofiting from ordinary instructional methods.

"Gifted and talented children" meansstudents residing in the State who are of compulsory school age and areenrolled in, and attending, a public school, and whose superior performance orpotential indicates exceptional ability or talent.  This ability or talent mayoccur singly in or in combination with any of the following areas: intellectual, creative or specific academic abilities, leadership capabilities,psychomotor abilities, or abilities in the performing or visual arts.

"Incumbent teachers" refers toteachers presently in service or on authorized leaves from the department.

"Job-sharing" means the voluntarysharing of a full-time, permanent employee's position with another employee,with each employee working one-half of the total number of hours of workrequired per week and performing one-half of the work required of therespective full-time position, and with each employee receiving one-half of thesalary to which each employee is respectively entitled and at least one-half ofeach employee benefit afforded to full-time employees.

"Private trade, vocational, or technicalschool" means any plan or method used by any person or persons, firm, orany other organization or corporation for giving instruction in any form ormanner in any trade, occupation, or vocation for a consideration, reward, orpromise of whatever nature, including correspondence schools located within theState, except as follows:

(1)  Schools maintained, or classes conducted, byemployers for their own employees where no fee or tuition is charged;

(2)  Courses of instruction given by any fraternalsociety, benevolent order, or professional organization to its members, whichcourses are not operated for profit;

(3)  Flying schools qualified under the FederalAviation Administration;

(4)  Classes conducted for less than five students atone and the same time;

(5)  Classes or courses of instruction that areconducted for twenty or fewer class sessions during any twelve-month period;

(6)  Avocational, hobby, recreation, or health classesor courses;

(7)  Courses of instruction on religious subjectsgiven under the auspices of a religious organization; and

(8)  Schools registered by the department of commerceand consumer affairs or by boards and commissions placed in the department ofcommerce and consumer affairs for administrative purposes.

"Public office" excludes notariespublic, reserve police officers, officers of emergency organizations forcivilian defense or disaster relief, or county charter commissions.

"Public schools" means all academicand noncollege type schools established and maintained by the department andcharter schools chartered by the board of education, in accordance with law.

"Regional administrative unit" meansa grouping of complexes established by the department for administrativesupport and organizational purposes.

"School-based budget flexibility"means an operating budget preparation and allocation process that providesmaximum flexibility to individual schools, complexes, and learning supportcenters in the preparation and execution of their operating budgets.

"School complex" means a grouping ofschools established by the department for instructional, administrative, andorganizational purposes.

"School meals" means breakfast andlunch prepared and served by a school cafeteria.

"Schooltextbooks, instructional materials, library books, equipment, or supplies"includes any book, printed matter, or other material used in a particularcourse of study.

"Special facilities" includesbuildings, equipment, and materials; transportation; boarding homes; and personnelqualified to work with exceptional children.

"Special services" meansphysiotherapy, or any form of muscle training, speech training, occupationaltherapy, vocational training, psychological evaluation, or any of them.

"Superintendent" means the superintendentof education.

"Teacher" means a person whose dutiesin the public educational system are primarily teaching or instruction ofstudents or related activities centered primarily on students and who is inclose and continuous contact with students, and shall include but not belimited to classroom teachers, school librarians, counselors, registrars, andspecial education teachers.

"Vandalism" includes, but is notlimited to, mischievous or malicious destruction of property, such as breakageof windows, lockers, and doors.

"Weighted student formula" means aformula for allocating operating moneys to individual public schools thatincludes a system of weighted characteristics affecting the relative cost ofeducating each student attending a public school. [L 1996, c 89, pt of §2 andam c 48, §1; am L 1997, c 144, §3; am L 1999, c 62, §3; am L 2002, c 16, §16;am L 2003, c 187, §1; am L 2004, c 51, §§5, 6, and 22, c 220, §2, and c 221,§8; am L 2005, c 87, §3; am L 2006, c 298, §8; am L 2007, c 115, §4; am L 2009,c 26, §2]