(a) "School district" means any public school district.
(b) "Board" means the board of education of any school district.
(c) "State board" means the state board of education.
(d) "Department" means the state department of education.
(e) "State institution" means any institutionunder the jurisdiction of a state agency.
(f) "State agency" means the department of social andrehabilitationservices, the department of corrections and thejuvenilejustice authority.
(g) "Exceptional children" means persons whoare children with disabilities or gifted children and areschool age, to bedetermined in accordance with rules and regulations adopted by the state board,which age may differ from the ages of children required to attend school underthe provisions of K.S.A. 72-1111, and amendments thereto.
(h) "Gifted children" means exceptional children who aredeterminedto be within the gifted category of exceptionality as such category is definedby the state board.
(i) "Special education" meansspecially designed instruction provided at no cost to parents to meet theunique needs of an exceptional child, including:
(1) Instruction conducted in the classroom, in the home, in hospitals andinstitutions, and in other settings; and
(2) instruction in physical education.
(j) "Special teacher" means a person, employed byor under contract with a school districtor a state institution to provide special education orrelated services, who is: (1) Qualified to providespecial education orrelated services toexceptional children as determined pursuant tostandards established by the state board; or (2)qualified to assistin the provision of special educationor related services to exceptional children as determinedpursuant tostandards established by the state board.
(k) "State plan" means the state plan for special educationand related servicesauthorized by this act.
(l) "Agency" means boards and the state agencies.
(m) "Parent" means: (1) A natural parent; (2) anadoptive parent; (3) aperson acting as parent; (4) a legal guardian;(5) an educationadvocate; or (6) a foster parent, if the foster parent has been appointedthe education advocate of an exceptionalchild.
(n) "Person acting as parent" means a person such as a grandparent,stepparent or other relative with whom a child lives or a person otherthan a parent who islegally responsible for the welfare of a child.
(o) "Education advocate" means a person appointed by the state boardin accordance with the provisions ofK.S.A. 2009 Supp.38-2218,and amendments thereto.A person appointed as an education advocate for a child shall not be:(1) Anemployee of the agency which is required by law to provide special educationor related services for the child; (2) an employee ofthe state board, the department,or any agency which is directly involved in providing educational services forthe child; or (3) any person having a professional or personalinterest whichwould conflict with the interests of the child.
(p) "Free appropriate public education" means special education andrelated services that:(1) Are provided at public expense, under public supervision and direction, andwithout charge;(2) meet the standards of the state board; (3) include an appropriatepreschool, elementary, orsecondary school education; and (4) are provided in conformity with anindividualized educationprogram.
(q) "Federal law" means the individuals with disabilities education act, asamended.
(r) "Individualized education program" or "IEP" means a written statement foreachexceptional child that is developed, reviewed, and revised in accordance withthe provisions ofK.S.A. 72-987, and amendments thereto.
(s) (1) "Related services" means transportation, and suchdevelopmental,corrective, and othersupportive services, including speech-language pathology and audiologyservices, interpreting services, psychologicalservices, physical and occupational therapy, recreation, including therapeuticrecreation, socialwork services,school nurse services designed to enable a child with a disability toreceive a free appropriate public education as described in the child'sIEP,counseling services, including rehabilitation counseling,orientation and mobilityservices, and medical services, except that such medical services shall be fordiagnostic andevaluation purposes only, as may be required to assist an exceptional child tobenefit from specialeducation, and includes the early identification and assessment of disablingconditions inchildren.
(2) "Related services" shall not mean any medical device that issurgically implanted or the replacement of any such device.
(t) "Supplementary aids and services" means aids, services, and othersupports that areprovided in regular education classes or other education-related settings toenable children withdisabilities to be educated with nondisabled children to the maximum extentappropriate.
(u) "Individualized education program team" or "IEP team" means a group ofindividualscomposed of: (1) The parents of a child; (2) at least one regular educationteacher of the child, ifthe child is, or may be, participating in the regular education environment;(3) at least one specialeducation teacher or, where appropriate, at least one special educationprovider of the child; (4) arepresentative of the agency directly involved in providing educationalservices for the childwho: (A) Is qualified to provide, or supervise the provision of, speciallydesigned instruction tomeet the unique needs of exceptional children; (B) is knowledgeable about thegeneralcurriculum; and (C) is knowledgeable about the availability of resources of theagency; (5) anindividual who can interpret the instructional implications of evaluationresults; (6) at thediscretion of the parent or the agency, other individuals who have knowledge orspecial expertiseregarding the child, including related services personnel as appropriate; and(7) wheneverappropriate, the child.
(v) "Evaluation" means a multisourced and multidisciplinary examination,conducted inaccordance with the provisions of K.S.A. 72-986, and amendmentsthereto, todetermine whether achild is an exceptional child.
(w) "Independent educational evaluation" means an examination which isobtained by theparent of an exceptional child and performed by an individual or group ofindividuals who meetstate and local standards to conduct such an examination.
(x) "Elementary school" means any nonprofit institutional day or residentialschool thatoffers instruction in any or all of the grades kindergarten through nine.
(y) "Secondary school" means any nonprofit institutional day or residentialschool thatoffers instruction in any or all of the grades nine through 12.
(z) "Children with disabilities" means: (1) Children with mentalretardation,hearingimpairments including deafness, speech or language impairments, visualimpairments includingblindness, emotional disturbance, orthopedic impairments, autism, traumaticbrain injury, other health impairments, or specific learning disabilities andwho, by reason thereof, need specialeducation and related services; and (2) children experiencing one or moredevelopmental delays and, by reason thereof, need special education andrelated services if such children are ages three through nine.
(aa) "Substantial change in placement" means the movement of an exceptionalchild, formore than 25% of the child's school day, from a less restrictiveenvironment to a morerestrictive environment or from a more restrictive environment to a lessrestrictive environment.
(bb) "Material change in services" means an increase or decrease of 25% ormore of the duration or frequency of a special education service, a relatedservice or a supplementary aid or a service specified on the IEP of anexceptional child.
(cc) "Developmental delay" means such a deviation from average developmentin one or more of the following developmental areas, as determined byappropriate diagnostic instruments and procedures, as indicates that specialeducation and related services are required: (1) Physical; (2) cognitive;(3) adaptive behavior; (4) communication; or (5) social or emotionaldevelopment.
(dd) "Homeless children" means "homeless children and youths" as defined inthe federal McKinney-Vento homeless assistance act, 42 U.S.C. 11434a.
(ee) "Limited English proficient" means an individual who meets thequalifications specified in section 9101 of the federal elementary andsecondary education act of 1965, as amended.
(a) "School district" means any public school district.
(b) "Board" means the board of education of any school district.
(c) "State board" means the state board of education.
(d) "Department" means the state department of education.
(e) "State institution" means any institutionunder the jurisdiction of a state agency.
(f) "State agency" means the department of social andrehabilitationservices, the department of corrections and thejuvenilejustice authority.
(g) "Exceptional children" means persons whoare children with disabilities or gifted children and areschool age, to bedetermined in accordance with rules and regulations adopted by the state board,which age may differ from the ages of children required to attend school underthe provisions of K.S.A. 72-1111, and amendments thereto.
(h) "Gifted children" means exceptional children who aredeterminedto be within the gifted category of exceptionality as such category is definedby the state board.
(i) "Special education" meansspecially designed instruction provided at no cost to parents to meet theunique needs of an exceptional child, including:
(1) Instruction conducted in the classroom, in the home, in hospitals andinstitutions, and in other settings; and
(2) instruction in physical education.
(j) "Special teacher" means a person, employed byor under contract with a school districtor a state institution to provide special education orrelated services, who is: (1) Qualified to providespecial education orrelated services toexceptional children as determined pursuant tostandards established by the state board; or (2)qualified to assistin the provision of special educationor related services to exceptional children as determinedpursuant tostandards established by the state board.
(k) "State plan" means the state plan for special educationand related servicesauthorized by this act.
(l) "Agency" means boards and the state agencies.
(m) "Parent" means: (1) A natural parent; (2) anadoptive parent; (3) aperson acting as parent; (4) a legal guardian;(5) an educationadvocate; or (6) a foster parent, if the foster parent has been appointedthe education advocate of an exceptionalchild.
(n) "Person acting as parent" means a person such as a grandparent,stepparent or other relative with whom a child lives or a person otherthan a parent who islegally responsible for the welfare of a child.
(o) "Education advocate" means a person appointed by the state boardin accordance with the provisions ofK.S.A. 2009 Supp.38-2218,and amendments thereto.A person appointed as an education advocate for a child shall not be:(1) Anemployee of the agency which is required by law to provide special educationor related services for the child; (2) an employee ofthe state board, the department,or any agency which is directly involved in providing educational services forthe child; or (3) any person having a professional or personalinterest whichwould conflict with the interests of the child.
(p) "Free appropriate public education" means special education andrelated services that:(1) Are provided at public expense, under public supervision and direction, andwithout charge;(2) meet the standards of the state board; (3) include an appropriatepreschool, elementary, orsecondary school education; and (4) are provided in conformity with anindividualized educationprogram.
(q) "Federal law" means the individuals with disabilities education act, asamended.
(r) "Individualized education program" or "IEP" means a written statement foreachexceptional child that is developed, reviewed, and revised in accordance withthe provisions ofK.S.A. 72-987, and amendments thereto.
(s) (1) "Related services" means transportation, and suchdevelopmental,corrective, and othersupportive services, including speech-language pathology and audiologyservices, interpreting services, psychologicalservices, physical and occupational therapy, recreation, including therapeuticrecreation, socialwork services,school nurse services designed to enable a child with a disability toreceive a free appropriate public education as described in the child'sIEP,counseling services, including rehabilitation counseling,orientation and mobilityservices, and medical services, except that such medical services shall be fordiagnostic andevaluation purposes only, as may be required to assist an exceptional child tobenefit from specialeducation, and includes the early identification and assessment of disablingconditions inchildren.
(2) "Related services" shall not mean any medical device that issurgically implanted or the replacement of any such device.
(t) "Supplementary aids and services" means aids, services, and othersupports that areprovided in regular education classes or other education-related settings toenable children withdisabilities to be educated with nondisabled children to the maximum extentappropriate.
(u) "Individualized education program team" or "IEP team" means a group ofindividualscomposed of: (1) The parents of a child; (2) at least one regular educationteacher of the child, ifthe child is, or may be, participating in the regular education environment;(3) at least one specialeducation teacher or, where appropriate, at least one special educationprovider of the child; (4) arepresentative of the agency directly involved in providing educationalservices for the childwho: (A) Is qualified to provide, or supervise the provision of, speciallydesigned instruction tomeet the unique needs of exceptional children; (B) is knowledgeable about thegeneralcurriculum; and (C) is knowledgeable about the availability of resources of theagency; (5) anindividual who can interpret the instructional implications of evaluationresults; (6) at thediscretion of the parent or the agency, other individuals who have knowledge orspecial expertiseregarding the child, including related services personnel as appropriate; and(7) wheneverappropriate, the child.
(v) "Evaluation" means a multisourced and multidisciplinary examination,conducted inaccordance with the provisions of K.S.A. 72-986, and amendmentsthereto, todetermine whether achild is an exceptional child.
(w) "Independent educational evaluation" means an examination which isobtained by theparent of an exceptional child and performed by an individual or group ofindividuals who meetstate and local standards to conduct such an examination.
(x) "Elementary school" means any nonprofit institutional day or residentialschool thatoffers instruction in any or all of the grades kindergarten through nine.
(y) "Secondary school" means any nonprofit institutional day or residentialschool thatoffers instruction in any or all of the grades nine through 12.
(z) "Children with disabilities" means: (1) Children with mentalretardation,hearingimpairments including deafness, speech or language impairments, visualimpairments includingblindness, emotional disturbance, orthopedic impairments, autism, traumaticbrain injury, other health impairments, or specific learning disabilities andwho, by reason thereof, need specialeducation and related services; and (2) children experiencing one or moredevelopmental delays and, by reason thereof, need special education andrelated services if such children are ages three through nine.
(aa) "Substantial change in placement" means the movement of an exceptionalchild, formore than 25% of the child's school day, from a less restrictiveenvironment to a morerestrictive environment or from a more restrictive environment to a lessrestrictive environment.
(bb) "Material change in services" means an increase or decrease of 25% ormore of the duration or frequency of a special education service, a relatedservice or a supplementary aid or a service specified on the IEP of anexceptional child.
(cc) "Developmental delay" means such a deviation from average developmentin one or more of the following developmental areas, as determined byappropriate diagnostic instruments and procedures, as indicates that specialeducation and related services are required: (1) Physical; (2) cognitive;(3) adaptive behavior; (4) communication; or (5) social or emotionaldevelopment.
(dd) "Homeless children" means "homeless children and youths" as defined inthe federal McKinney-Vento homeless assistance act, 42 U.S.C. 11434a.
(ee) "Limited English proficient" means an individual who meets thequalifications specified in section 9101 of the federal elementary andsecondary education act of 1965, as amended.
(a) "School district" means any public school district.
(b) "Board" means the board of education of any school district.
(c) "State board" means the state board of education.
(d) "Department" means the state department of education.
(e) "State institution" means any institutionunder the jurisdiction of a state agency.
(f) "State agency" means the department of social andrehabilitationservices, the department of corrections and thejuvenilejustice authority.
(g) "Exceptional children" means persons whoare children with disabilities or gifted children and areschool age, to bedetermined in accordance with rules and regulations adopted by the state board,which age may differ from the ages of children required to attend school underthe provisions of K.S.A. 72-1111, and amendments thereto.
(h) "Gifted children" means exceptional children who aredeterminedto be within the gifted category of exceptionality as such category is definedby the state board.
(i) "Special education" meansspecially designed instruction provided at no cost to parents to meet theunique needs of an exceptional child, including:
(1) Instruction conducted in the classroom, in the home, in hospitals andinstitutions, and in other settings; and
(2) instruction in physical education.
(j) "Special teacher" means a person, employed byor under contract with a school districtor a state institution to provide special education orrelated services, who is: (1) Qualified to providespecial education orrelated services toexceptional children as determined pursuant tostandards established by the state board; or (2)qualified to assistin the provision of special educationor related services to exceptional children as determinedpursuant tostandards established by the state board.
(k) "State plan" means the state plan for special educationand related servicesauthorized by this act.
(l) "Agency" means boards and the state agencies.
(m) "Parent" means: (1) A natural parent; (2) anadoptive parent; (3) aperson acting as parent; (4) a legal guardian;(5) an educationadvocate; or (6) a foster parent, if the foster parent has been appointedthe education advocate of an exceptionalchild.
(n) "Person acting as parent" means a person such as a grandparent,stepparent or other relative with whom a child lives or a person otherthan a parent who islegally responsible for the welfare of a child.
(o) "Education advocate" means a person appointed by the state boardin accordance with the provisions ofK.S.A. 2009 Supp.38-2218,and amendments thereto.A person appointed as an education advocate for a child shall not be:(1) Anemployee of the agency which is required by law to provide special educationor related services for the child; (2) an employee ofthe state board, the department,or any agency which is directly involved in providing educational services forthe child; or (3) any person having a professional or personalinterest whichwould conflict with the interests of the child.
(p) "Free appropriate public education" means special education andrelated services that:(1) Are provided at public expense, under public supervision and direction, andwithout charge;(2) meet the standards of the state board; (3) include an appropriatepreschool, elementary, orsecondary school education; and (4) are provided in conformity with anindividualized educationprogram.
(q) "Federal law" means the individuals with disabilities education act, asamended.
(r) "Individualized education program" or "IEP" means a written statement foreachexceptional child that is developed, reviewed, and revised in accordance withthe provisions ofK.S.A. 72-987, and amendments thereto.
(s) (1) "Related services" means transportation, and suchdevelopmental,corrective, and othersupportive services, including speech-language pathology and audiologyservices, interpreting services, psychologicalservices, physical and occupational therapy, recreation, including therapeuticrecreation, socialwork services,school nurse services designed to enable a child with a disability toreceive a free appropriate public education as described in the child'sIEP,counseling services, including rehabilitation counseling,orientation and mobilityservices, and medical services, except that such medical services shall be fordiagnostic andevaluation purposes only, as may be required to assist an exceptional child tobenefit from specialeducation, and includes the early identification and assessment of disablingconditions inchildren.
(2) "Related services" shall not mean any medical device that issurgically implanted or the replacement of any such device.
(t) "Supplementary aids and services" means aids, services, and othersupports that areprovided in regular education classes or other education-related settings toenable children withdisabilities to be educated with nondisabled children to the maximum extentappropriate.
(u) "Individualized education program team" or "IEP team" means a group ofindividualscomposed of: (1) The parents of a child; (2) at least one regular educationteacher of the child, ifthe child is, or may be, participating in the regular education environment;(3) at least one specialeducation teacher or, where appropriate, at least one special educationprovider of the child; (4) arepresentative of the agency directly involved in providing educationalservices for the childwho: (A) Is qualified to provide, or supervise the provision of, speciallydesigned instruction tomeet the unique needs of exceptional children; (B) is knowledgeable about thegeneralcurriculum; and (C) is knowledgeable about the availability of resources of theagency; (5) anindividual who can interpret the instructional implications of evaluationresults; (6) at thediscretion of the parent or the agency, other individuals who have knowledge orspecial expertiseregarding the child, including related services personnel as appropriate; and(7) wheneverappropriate, the child.
(v) "Evaluation" means a multisourced and multidisciplinary examination,conducted inaccordance with the provisions of K.S.A. 72-986, and amendmentsthereto, todetermine whether achild is an exceptional child.
(w) "Independent educational evaluation" means an examination which isobtained by theparent of an exceptional child and performed by an individual or group ofindividuals who meetstate and local standards to conduct such an examination.
(x) "Elementary school" means any nonprofit institutional day or residentialschool thatoffers instruction in any or all of the grades kindergarten through nine.
(y) "Secondary school" means any nonprofit institutional day or residentialschool thatoffers instruction in any or all of the grades nine through 12.
(z) "Children with disabilities" means: (1) Children with mentalretardation,hearingimpairments including deafness, speech or language impairments, visualimpairments includingblindness, emotional disturbance, orthopedic impairments, autism, traumaticbrain injury, other health impairments, or specific learning disabilities andwho, by reason thereof, need specialeducation and related services; and (2) children experiencing one or moredevelopmental delays and, by reason thereof, need special education andrelated services if such children are ages three through nine.
(aa) "Substantial change in placement" means the movement of an exceptionalchild, formore than 25% of the child's school day, from a less restrictiveenvironment to a morerestrictive environment or from a more restrictive environment to a lessrestrictive environment.
(bb) "Material change in services" means an increase or decrease of 25% ormore of the duration or frequency of a special education service, a relatedservice or a supplementary aid or a service specified on the IEP of anexceptional child.
(cc) "Developmental delay" means such a deviation from average developmentin one or more of the following developmental areas, as determined byappropriate diagnostic instruments and procedures, as indicates that specialeducation and related services are required: (1) Physical; (2) cognitive;(3) adaptive behavior; (4) communication; or (5) social or emotionaldevelopment.
(dd) "Homeless children" means "homeless children and youths" as defined inthe federal McKinney-Vento homeless assistance act, 42 U.S.C. 11434a.
(ee) "Limited English proficient" means an individual who meets thequalifications specified in section 9101 of the federal elementary andsecondary education act of 1965, as amended.
