D.C. Mun. Regs. tit. 5, r. 5-A3099
When used in this chapter, the following terms and phrases shall have the meanings ascribed:
Assessment - The process of collecting data in accordance with Section 3006 of this chapter, to be used by the IEP team to determine a child's educational needs and eligibility for special education and related services.
Assistive technology device - Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted or the replacement of such device.
Assistive technology service - Any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service includes, without limitation, each of the following:
At no cost - A specially-designed instruction, as defined by 34 C.F.R. § 300.39(b)(3) provided without charge, but does not preclude incidental fees that are normally charged to children without disabilities or their parents as a part of the general education program.
Autism - A disability as defined in Section 3011.
Behavior intervention plan- A written plan that describes:
How an educational setting will be changed to improve the behavioral success of a child;
The teaching that will occur to give the child alternative ways of behaving;
The consequences that will be provided to:
The procedures for ongoing assessment to determine if the BIP is being implemented correctly and if implementation is resulting in benefits for the child.
Business day - Monday through Friday except for federal and District of Columbia holidays.
Child - An individual between three (3) and twenty-two (22) years of age.
Child find - A set of policies, procedures, and public awareness activities designed to locate, identify, and evaluate children who may require special education and related services and the practical method developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.
Child with a disability - In general, a child with autism, deaf-blindness, deafness, developmental delay, emotional disability, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment, in accordance with Section 3011; and who, by reason thereof, needs special education and related services.
Consent - Includes:
Course of study - A description of the coursework necessary to prepare the child for post-school activities developed in accordance with Section 3026 of this chapter.
Day - A calendar day, unless otherwise specified as a school day or business day.
Deaf-blindness - A disability as defined in Section 3011.
Deafness - A disability as defined in Section 3011.
Developmental delay - A disability as defined in Section 3011.
District - The District of Columbia.
DCPS - The District of Columbia Public Schools, established by Section 102 of the District of Columbia Public Schools Agency Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-171) .
Educational Representative - An adult appointed by the SEA to represent the educational interests of a child with a disability who upon reaching eighteen (18) years of age is determined under this chapter to be unable to provide informed consent for educational purposes.
Educational surrogate parent - An individual who is appointed by the SEA or by judicial order to advocate and make decisions for a child with a disability, or a child suspected of having a disability, in all matters relating to rights under IDEA, during evaluation through possible placement and provision of FAPE, when no parent can be identified or the whereabouts of the parent cannot be determined or if the child is in the custody of the District of Columbia Child and Family Services Agency, as needed.
Emergency circumstances - A temporary and unusual circumstance in which intervention is reasonably believed to be necessary to protect a student or other person from imminent, serious physical harm. Property destruction, disruption of school order, or failure of a student to follow the directive of a school official shall not alone constitute imminent, serious physical harm.
Emotional disability- A disability as defined in Section 3011.
English learner - A student as defined in Section 8101(20) of the Elementary and Secondary Education Act (20 U.S.C. 7801(20)) .
Enrollment - A process through which a child obtains admission to an LEA that includes, at a minimum, all of the following stages:
Evaluation - Includes the following:
Extended school year services - The special education and related services that:
Free appropriate public education or FAPE - The special education and related services that adhere to all of the following:
Functional behavioral assessment - A process for identifying:
General education curriculum - The curricular content adopted by the LEA for all children receiving a public education.
Hearing impairment - A disability as defined in Section 3011.
IDEA - The Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. §§ 1400et seq.), as amended by Pub. L. 108-446, approved December 3, 2004 (118 Stat. 2647), and its implementing regulations.
Impartial hearing officer - A individual selected to conduct a due process hearing in accordance with 20 U.S.C. § 1415(f) and D.C. Official Code § 38-2572.02 -.03 who meets the following requirements:
Incapacitated individual - shall have the same meaning as the term is defined in D.C. Official Code § 21-2011(11).
Intellectual disability - A disability as defined in Section 3011.
Include - The items named are not all of the possible items that are covered, whether like or unlike the ones named.
Independent educational evaluation or IEE - The assessment procedures conducted by a qualified individual who is not an employee of the LEA.
Individualized education program or IEP - A written statement that specifies the special education programs and services to be provided to meet the unique educational needs of a child with a disability, as required under Section 614(d) of IDEA (20 U.S.C. § 1414(d)) and this chapter.
Individualized Education Program Team or IEP Team - A group of individuals, comprised of the persons listed in Section 3008, responsible for:
Individualized Family Service Plan or IFSP - A written plan for providing early intervention services to an infant or toddler with a disability and the infant's or toddler's family that:
Infant or toddler with a disability - shall have the same meaning as provided in Section 632(5) of the IDEA (20 U.S.C. § 1432(5)) .
Least restrictive environment - An educational environment which meets the needs of a child requiring special education and related services as set forth in the child's IEP and which, to the maximum extent appropriate, ensures that the child will be educated with children without disabilities.
Limited English proficiency - An individual who does not speak English as his or her primary language and has a limited ability to read, speak, write, or understand English.
Local education agency or LEA - An educational institution at the local level that exists primarily to operate a publicly funded school or schools providing elementary or secondary education in the District of Columbia. The term includes the District of Columbia Public Schools and a District of Columbia public charter school that has elected, pursuant to D.C. Official Code § 38-1800.00(29), to serve as the LEA for purposes of IDEA, with such election subject to the provisions of D.C. Official Code § 38-1802.10(c), requiring an LEA to be its own LEA for purposes of IDEA and the Rehabilitation Act unless waived by the District of Columbia Public Charter School Board.
Mechanical restraint -A physical device used to restrict the movement of a child or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered a mechanical restraint.
Meeting - A prearranged event when personnel of the LEA, a parent, and others who have knowledge or special expertise regarding the child, at the discretion of the LEA or the parent, come together at the same time and place, in person, telephonically, through video conference or through an online telecommunication application, to discuss matters related to the identification, evaluation, educational placement, and the provision of FAPE for a child with a disability. Meeting does not include:
Multiple disabilities - A disability as defined in Section 3011.
Native language -
Nonacademic and extracurricular activities and services - Activities and services that may include:
Nonpublic special education school or program - A privately owned or operated preschool, school, educational organization, or program, no matter how titled, that maintains or conducts classes for the purpose of offering instruction, for a consideration, profit, or tuition, to children with disabilities. The term "nonpublic special education school or program" shall not include a privately owned or operated preschool, elementary, middle, or secondary school whose primary purpose is to provide educational services to children without disabilities, even though the school can serve children with disabilities in a general academic setting. If a nonpublic special education school or program has multiple locations, each location will be considered and treated by the SEA as an individual program in regards to location of service and rate confirmation.
Office of the State Superintendent of Education (OSSE) - The State Education Agency (SEA) for the District of Columbia established by the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Official Code §§ 38-2601et seq.), with all operational authority for State-level functions, except that delegated to the State Board of Education in D.C. Official Code § 38-2652.
Orthopedic impairment - A disability as defined in Section 3011.
Other health impairment - A disability as defined in Section 3011.
Paraprofessional - An aide or other individual who provides support services such as instructional, behavioral, or health services as described on a child's IEP under the direct supervision of qualified personnel that is responsible for implementing special education or related services designated in a child's IEP.
Parent -
Except as provided, the biological or adoptive parent, when attempting to act as the parent under this chapter and when more than one (1) party is qualified under this chapter to act as a parent, shall be presumed to be the parent for purposes of this chapter unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. If a judicial decree or order identifies a specific person or persons to act as the ''parent'' of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the ''parent'' for purposes of this definition.
Personally identifiable information - Information that contains:
Physical education - Includes
Physical restraint - A personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely. The term does not include a physical escort, or a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of assisting a student in moving to a safe location.
Placement - A child's learning environment, classified by level of restrictiveness, as determined by the child's IEP Team.
Prone restraint - The use of force, use of a physical device, or both, to hold a child face down or stomach down on the floor.
Public charter school - A publicly funded public school established pursuant to the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code §§ 38-1800et seq.), that is not part of the District of Columbia public schools (DCPS).
Public expense - The cost of services paid for or provided by a public agency at no cost to the parent.
Qualified evaluator - An evaluator who has met the SEA-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the evaluator's field in the location where the evaluator practices. For the administration of standardized tests, a qualified evaluator means a person who is trained and knowledgeable and administrates the test in accordance with the instructions provided by the producer of the test.
Qualified personnel - The personnel who have met the SEA-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the individual is providing special education or related services.
Reasonable efforts - At least three (3) documented attempts to contact the parent using at least two (2) of the following modalities on at least three (3) different dates no fewer than five (5) days prior to the proposed LEA action or the statutory deadline:
Reevaluation - An evaluation conducted after the initial evaluation in accordance with § 3007 of this chapter.
Rehabilitation Act - The Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 355; 29 U.S.C. §§ 701et seq.) and its implementing regulations.
Related services - The transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. Related services include:
Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning, maintenance of that device, or the replacement of that device.
Seclusion - The involuntary confinement of a child alone in a room or area from which he or she is physically prevented from leaving, or from which the child believes he or she may not leave, whether or not in a locked area,except that such term does not include a time out or other similar behavior management technique that may involve the separation of the student from the group, in an unlocked setting, for the purpose of calming.
Service location - The physical address at which instruction occurs or at which a student with disabilities receives special education and related services. The term "service location" does not refer to a specific classroom within a building or a specific building on a campus.
Services plan - A written statement that describes the special education and related services that DCPS will provide to a parentally-placed private school child with a disability who has been designated to receive services, including the location of the services and any transportation necessary, consistent with 34 C.F.R. § 300.132, and is developed and implemented in accordance with 34 C.F.R. §§ 300.137 through 300.139.
Special education - The specially designed instruction, at no cost to the parent, to meet the unique needs of a child with a disability, including:
Specially designed instruction - Adapting, as appropriate, to the needs of an eligible child, the content, methodology, or delivery of instruction to address the unique needs of a child that result from the child's disability and to ensure access to the general education curriculum, so that the child can meet the educational standards that apply to each child within the District of Columbia.
Specific learning disability - A disability as defined in Section 3011.
Speech or language impairment - A disability as defined in Section 3011.
State - The District of Columbia.
State Education Agency or SEA - The Office of the State Superintendent of Education (OSSE) for the District of Columbia.
Student Information System or SIS - The LEA's information system that includes, among other things, student demographic data and information such as attendance, scheduling, and enrollment. The SIS is not the District of Columbia special education data system.
Student - Shall have the same meaning as child and is used interchangeably. An individual between the ages of three (3) and twenty-two (22).
Supplementary aids and services - Aids, services, and other supports that are provided in general education classes or other education-related settings, and in extracurricular and nonacademic settings, to enable a child with a disability to be educated with children without disabilities to the maximum extent appropriate.
Supported decision-making - The supports, services, and accommodations that help a child with a disability make his or her own decisions, by using adult friends, family members, professionals, and other people he or she trusts to help understand the issues and choices, ask questions, receive explanations in language he or she understands, and communicate his or her own decisions to others.
Transition services - A coordinated set of activities for a child with a disability that:
Are designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities including the following:
Are based on the individual child's needs, taking into account the child's strengths, preferences, and interests including all of the following:
Transition services for a child with a disability can be special education, if provided as specially designed instruction, or related services, if required to assist a child with a disability to benefit from special education.
Traumatic brain injury - A disability as defined in Section 3011.
Travel training - Providing instruction, as appropriate, to children with significant cognitive disabilities and other children with disabilities who require such instruction, to enable them to develop an awareness of the environment in which they live, and learn the skills necessary to move effectively and safely from place to place within that environment.
Visual impairment - A disability as defined in Section 3011.
Vocational education - Organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.
D.C. Mun. Regs. tit. 5, r. 5-A3099