§ 20-A §7001 — Definitions

As used in this subpart, unless the context otherwise indicates, the following terms have the following meanings.
1.
Agency.
"Agency" means a public, quasi-governmental or private agency, school, organization, facility or institution.
1-A.
Child Development Services System.
"Child Development Services System" means the state intermediate educational unit under section 7209, subsection 3 to ensure the provision of child find activities, early intervention services and, when designated by the commissioner, free, appropriate public education services to eligible children.
1-B.
Child with a disability.
"Child with a disability" means:
1-C.
Early intervention services.
"Early intervention services" means developmental services that are provided under public supervision; are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of a child with a disability, as identified by the individualized family service plan team, in one or more areas including physical development, cognitive development, communication development, social or emotional development and adaptive development; meet the standards of the State; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan.
1-D.
Child eligible under Part B, Section 619.
"Child eligible under Part B, Section 619" means a child who is at least 3 years of age and under 6 years of age who has not entered kindergarten and who requires special education and related services in order to access a free, appropriate public education in the least restrictive environment.
2.
Exceptional student.
2-A.
Free, appropriate public education.
"Free, appropriate public education" 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 department; include an appropriate preschool, elementary school or secondary school education in the State; and are provided in conformity with the individualized family service plan or individualized education program. The Child Development Services System shall provide free, appropriate public education to a preschool child with disabilities who reaches 5 years of age between July 1st and October 15th if that child is already receiving free, appropriate public education through the Child Development Services System and the child's individualized education program team determines, in accordance with rules adopted by the commissioner, that it is in the best interest of the child not to enroll that child in kindergarten until the start of the following school year.
2-B.
Intermediate educational unit.
"Intermediate educational unit" means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1402, (23) as in effect prior to June 4, 1997 and that is a public authority, other than a local educational agency, under the general supervision of the department, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State. An intermediate educational unit is considered a local educational agency under federal law. In this State, a local educational agency is a school administrative unit. For purposes of this chapter all references to school administrative units include intermediate educational units.
2-C.
Individualized education program team.
"Individualized education program team" means the group of individuals composed in accordance with Part B of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1414(d)(1)(B) to determine the individualized education program for a child with a disability.
2-D.
Individualized family service plan.
"Individualized family service plan" means a plan to provide early intervention services in accordance with Part C to an infant or toddler with a disability or to the infant's or toddler's family in the natural setting.
2-E.
Natural setting.
"Natural setting" means the home, child care or other community setting of the infant or toddler with a disability. "Natural setting" does not include a preschool setting.
3.
Mentally retarded.
3-A.
Part B, Section 619.
"Part B, Section 619" means Part B, Section 619 of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.
3-B.
Part C.
"Part C" means Part C of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq. under which early intervention services are provided in the natural setting for infants and toddlers with disabilities.
3-C.
Extended Part C option.
"Extended Part C option" means the option under Part C that allows the family of a child eligible under Part B, Section 619 to continue early intervention programming on or after the child's 3rd birthday by remaining in the natural setting and continuing to receive services through an individualized family service plan.
4.
Preschool handicapped child.
4-A.
Regional site.
4-B.
Related services.
"Related services" means special education transportation and such developmental, corrective and other related services, as defined by the commissioner, as are required to assist children with disabilities to benefit from their special education programs.
4-C.
Regional support and service hub.
"Regional support and service hub" means a support and service hub established by the Child Development Services System in accordance with section 7211.
5.
Special education.
"Special education" means specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities, as defined by the commissioner, including:
6.
Special education facility.
"Special education facility" means a public or private school, or portion of a public or private school, intended for use in meeting the educational and related needs of children with disabilities.
6-A.
State intermediate educational unit.
"State intermediate educational unit" means the Child Development Services System under subsection 1‑A.
7.
State licensed agency.
"State licensed agency" means an institution or facility licensed by the State to provide education, emotional or mental health services, alcohol or drug rehabilitation, boarding care or other child care services to a person between the ages of 5 and 20 years. It includes:
8.
Children's residential care facility.
"Children's residential care facility" is a facility defined in Title 22, section 8101, subsection 4.
9.
Special education program.
A "special education program" is a full-time or part-time educational program designed to provide an equal educational opportunity to children with disabilities through the delivery of special education services by qualified individuals.
10.
Special education services.
"Special education services" are educational services provided by qualified individuals as defined by the commissioner. Special education services must be provided by qualified individuals employed or contracted by the school administrative unit.

Legislative History

PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 624, §1 (AMD). PL 1987, c. 395, §A71 (AMD). PL 1999, c. 424, §§A2-4 (AMD). PL 1999, c. 721, §4 (AFF). PL 1999, c. 721, §§1,2 (AMD). PL 2003, c. 477, §6 (AMD). PL 2003, c. 676, §§1,2 (AMD). PL 2005, c. 662, §A15 (AMD). PL 2007, c. 430, §1 (AMD). PL 2011, c. 348, §3 (AMD). PL 2011, c. 477, Pt. F, §1 (AMD). PL 2011, c. 542, Pt. A, §21 (AMD). PL 2011, c. 655, Pt. OO, §§1-3 (AMD). PL 2011, c. 678, Pt. I, §1 (AMD). PL 2013, c. 179, §4 (AMD). PL 2023, c. 450, §1 (AMD). PL 2023, c. 643, Pt. W, §§1-10 (AMD).