GLOSSARY

This alphabetical list of education law terms with basic definitions. These definitions represent the meanings understood and shared in this specialized area of law.

The public school year usually runs for ten months (September through June).  However, there are children who because of their special education needs require schooling or related services to continue during the summer months (July and August).  These children are referred to as having a 12 month school year.  The standard used in determining if a child needs a 12 month school year is if the child will have a substantial regression absent being in a 12 month program.  The designation of a 12 month school year appears on the first page of a child’s IEP.  The majority of pre-schoolers receive 12 month IEPs, but this is increasingly difficult to obtain once a child reaches school age.

Assistive Technology refers to equipment, products and services to improve, maintain or increase the functional capabilities of a student with a disability.  For non-verbal children this can mean devices that help them communicate.  For children with problems with written expression it can mean a lap top.   Before assistive technology is recommended there must be an assistive technology evaluation.

A Behavior Intervention Plan is a specific, well defined, written plan of action for managing a student’s behavior. A BIP uses the observations made by a professional who conducts what is referred to as a Functional Behavior Assessment (FBA) of a child.

“Carter” refers to the 1993 U.S. Supreme Court decision, Florence County School District IV v. Shannon Carter, 510 U.S. 7 (1993), 114 S.Ct. 361. This decision expands the earlier 1985 U.S. Supreme Court decision known as “Burlington” and permits reimbursement to parents who place their child at an independent special education school as long if they satisfy what is known as the Burlington/Carter Three Prong test.

Classification is the first step in determining whether a child is eligible to receive special education services. For a pre-school child there is only one classification: “Pre-Schooler with a Disablity.” However, for a school age child there are 13 separate classifications recognized in New York State, these are:

Autism
Deafness
Deaf-Blindness
Emotionally Disturbed (E.D.)
Hearing Impairment
Learning Disability (L.D.)
Mental Retardation (M.R.)
Multiple Disabilities
Other Health Impairment (O.H.I.)
Orthopedic Impairment
Speech or Language Impairment
Traumatic Brain Injury (T.B.I.)
Visual Impairment
(Note: there is no separate classification for ADHD/ADD. If this is a child’s sole diagnosis they can be classified either as: Emotional Disturbance; Learning Disabled or Other Health Impairment. Usually a district will choose Other Health Impairment.

The term “Classified” refers to any student who has met the criteria for classification and has an IEP. The question, “Is your child classified?” is answered in the affirmative your child has an IEP.

This nationwide organization is a watchdog and lobbying group protecting the rights and interests of children with disabilities. http://www.copaa.org

This refers to a school district.

This refers to an inclusion class where up to 40% of the class is composed of children who are classified and have an IEP. The remaining 60% of the students are general education students. In a CTT class which is always housed in a public school, there are two full time teachers in the classroom – a special education teacher and a general education teacher. In 2009 the term was replaced by Integrated Co-Teaching (ICT), but some districts still use the term CTT.

A Federal program available to children from birth to age three, who display a 25% delay in two or more areas of development. This program provides evaluations as well as a host of services, including: ABA, feeding therapy, occupational therapy, physical therapy, play therapy, speech therapy, special education and parent training. It is a free program and available to all children regardless of a parents financial resources. The first step in accessing this program is generally through a child’s pediatrician, however parents can self refer.

This meeting is often used as a precursor to a CSE review, where the findings of testing and evaluations are reviewed with parents by the professionals who conducted them.

A private organization which is responsible for administering entrance exams required by most independent non special education private schools.

A provision for special education students to receive instruction during ordinary school “vacation” periods (most often used during the summer).

Learn this critical term! FAPE is the cornerstone of all special education law. A FAPE is the fundamental right and entitlement of every child who has been identified as having an educational handicapping condition. This is a federal guarantee given to children and their parents by both the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act (IDEA).

This is generally done by a licensed psychologist to assess a child whose behaviors interfere with classroom functioning. There are clear regulations about how this should be done, and the fact that it must be done in order to create a B.I.P. (Behavior Intervention Plan)

This one page document is sent to a parent after their child’s CSE review meeting. This document will refer the child to a specific class/school.

This is the weighted average of sub-scores of an I.Q. or intelligence test.