KRS 157.200: Definitions for KRS 157.200 to 157.290.

As used in KRS 157.200 to 157.290:

(1) "Admissions and release committee" or "ARC" means a group of individuals that is responsible for developing, reviewing, or revising an individualized education program for an exceptional child or youth;

(2) "Caseload" means the number of exceptional childr en and youth assigned to a teacher of exceptional children and youth for the purpose of overseeing the management of individualized specially designed instruction and related services as required by the individualized education program;

(3) "Exceptional ch ildren 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 educatio nal 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 Kentuc ky 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 att endance 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 i ncludes physical impairments caused by congenital anomaly, disease, and from other causes;

(b) "Other health impairment" 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, tuberculo sis, 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 impai rment" 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 th e 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 d elay 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 deve lopmental 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 di sabilities. 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 s ignificantly 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 in struction 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 o ne (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 fo r 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 performan ce 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. Cha racteristics 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 charac teristics 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 ap titude, creative or divergent thinking, psychosocial or leadership skills, or in the visual or performing arts;

(4) "Related services" means transportation and the developmental, corrective, and other supportive services required to assist an exceptional c hild 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) "Special classes" means specially equipped and staffed classes in which an exceptional child or youth, individually or in small groups, spends part of his or her day receiving specially designed instruction or related services as determined by the ARC;

(6) "Special education" means specially designed instruction to meet the unique needs of an exceptional child or youth;

(7) "Special educational facilities" means physical facilities designed or adapted to meet the needs of exceptional children and youth, and approved according to administrative regulations promulgated by the Kentucky Board of Education; and

(8) "Transition ser vices" 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 e mployment, 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 pr eferences 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.