707 KAR 1:002. Definitions. Section 1. Definitions. (9) "Child with a disability" means a child evaluated in accordance with 707 KAR 1:300, as meeting the criteria listed in the definitions in this section for autism, deaf-blindness, developmental delay, emotional-behavior disability, hearing impairment, mental disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment which has an adverse effect on the child’s educational performance and who, as a result, needs special education and related services.
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Adverse Effect
707 KAR 1:002. Definitions. Section 1. Definitions. (2) "Adverse effect" means that the progress of the child is impeded by the disability to the extent that the educational performance is significantly and consistently below the level of similar age peers.
Eligibility Categories
Autism
707 KAR 1:002. Definitions. Section 1. Definitions. (5) "Autism" means a developmental disability significantly affecting and nonverbal communication and social interaction, generally evident before age three (3) that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term shall not apply if a child’s educational performance is adversely affected primarily because the child has an emotional-behavior disability.
Deaf-Blindness
707 KAR 1:002. Definitions. Section 1. Definitions. (21) "Deaf-blindness" means concomitant hearing and visual impairments that have an adverse effect on the child’s education performance, the combination of which causes severe communication and other developmental and educational needs that cannot be accommodated in special education programs solely for children with deafness or children with blindness, unless supplementary assistance is provided to address educational needs resulting from the two (2) disabilities.
Developmental Delay
707 KAR 1:002. Definitions. Section 1. Definitions. (22) "Developmental delay" or "DD" means that a child within the ages of three (3) through eight (8) has not acquired skills, or achieved commensurate with recognized performance expectations for his age in one (1) or more of the following developmental areas: cognition, communication, motor development, social-emotional development, or self-help-adaptive behavior. Developmental delay includes a child who demonstrates a measurable, verifiable discrepancy between expected performance for the child’s chronological age and current level of performance. The discrepancy shall be documented by: (a) Scores of two (2) standard deviations or more below the mean in one (1) of the areas listed above as obtained using norm-referenced instruments and procedures; (b) Scores of one and one-half (1 1/2) standard deviations below the mean in two (2) or more of the areas listed above using norm-referenced instruments and procedures; or (c) The professional judgment of the ARC that there is a significant atypical quality or pattern of development. Professional judgment shall be used only where normal scores are inconclusive and the ARC documents in a written report the reasons for concluding that a child has a developmental delay.
Emotional Behavioral Disability
707 KAR 1:002. Definitions. Section 1. Definitions.(24)(a) "Emotional-behavioral disability" or "EBD" means that a child, when provided with interventions to meet instructional and social-emotional needs, continues to exhibit one (1) or more of the following, when compared to the child’s peer and cultural reference groups, across settings, over a long period of time and to a marked degree: 1. Severe deficits in social competence or appropriate behavior which cause an inability to build or maintain satisfactory interpersonal relationships with adults or peers; 2. Severe deficits in academic performance which are not commensurate with the student’s ability level and are not solely a result of intellectual, sensory, or other health factors but are related to the child’s social-emotional problem; 3. A general pervasive mood of unhappiness or depression; or 4. A tendency to develop physical symptoms or fears associated with personal or school problems. (b) This term does not apply to children who display isolated (not necessarily one (1)) inappropriate behaviors that are the result of willful, intentional, or wanton actions unless it is determined through the evaluations process that the child does have an emotional-behavioral disability.
Hearing Impairment
707 KAR 1:002. Definitions. Section 1. Definitions. (29) "Hearing impairment", sometimes referred to as "deaf" or "hard of hearing", means a hearing loss that: (a) May be mild to profound, unilateral or bilateral, permanent or fluctuating; (b) Results in difficulty identifying linguistic information through hearing; and (c) Has an adverse effect on the child's educational performance.
2023 Revisions to Special Education Definitions Q & A and Support Video
The Question and Answers (Q&A) Related to Revisions to Special Education Definitions (Hearing Impairment and Visual Impairment) document is intended to provide frequently asked questions related to the amendments to the definitions for hearing impairment and visual impairment. The Q&A also provides resources to assist schools and districts in improving processes related to referring, evaluating and determining eligibility for a student with a hearing or visual impairment. Additionally, the video is a companion resource that provides an overview of and highlights key features of the Q&A document.
Mental Disability
707 KAR 1:002. Definitions. Section 1. Definitions. (37) "Mental disability" means that a child has one (1) of the following: (a) A mild mental disability (MMD) in which: 1. Cognitive functioning is at least two (2) but no more than three (3) standard deviations below the mean; 2. Adaptive behavior deficit is at least two (2) standard deviations below the mean; 3. A severe deficit exists in overall academic performance including acquisition, retention, and application of knowledge; and 4. Manifestation is typically during the developmental period; or (b) A functional mental disability (FMD) in which: 1. Cognitive functioning is at least three (3) or more standard deviations below the mean; 2. Adaptive behavior deficits are at least three (3) or more standard deviations below the mean; 3. A severe deficit exists in overall academic performance including acquisition, retention, and application of knowledge; and 4. Manifestation is typically during the developmental period.
Multiple Disabilities
707 KAR 1:002. Definitions. Section 1. Definitions.(39) "Multiple disabilities " or "MD" means concomitant impairments that have an adverse effect on the child’s educational performance, the combination of which causes severe educational needs that cannot be accommodated in special education programs solely for one (1) of the impairments. Examples of MD include mental disability-blindness, and mental disability-orthopedic impairment. Multiple disabilities does not mean deaf-blindness nor does it mean a speech or language impairment in combination with another category of disability.
Orthopedic Impairment
707 KAR 1:002. Definitions. Section 1. Definitions. (41) "Orthopedic impairment" or "OI" means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes:
(a) An Impairment caused by a congenital anomaly such as clubfoot, or absence of some member; (b) An Impairment caused by disease such as poliomyelitis, or bone tuberculosis; and (c) An impairment from other causes such as cerebral palsy, amputations, and fractures or burns that causes contractures.
Other Health Impairment
707 KAR 1:002. Definitions. Section 1. Definitions. (41) "Orthopedic impairment" or "OI" means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes:
(a) An Impairment caused by a congenital anomaly such as clubfoot, or absence of some member; (b) An Impairment caused by disease such as poliomyelitis, or bone tuberculosis; and (c) An impairment from other causes such as cerebral palsy, amputations, and fractures or burns that causes contractures.
Specific Learning Disability
707 KAR 1:002. Definitions. Section 1. Definitions.(59) "Specific learning disability" or "LD" means a disorder that adversely affects the ability to acquire, comprehend, or apply reading, mathematical, writing, reasoning, listening, or speaking skills to the extent that specially designed instruction is required to benefit from education. The specific learning disability (LD) may include dyslexia, dyscalculia, dysgraphia, developmental aphasia, and perceptual/motor disabilities. The term does not include deficits that are the result of other primary determinant or disabling factors such as vision, hearing, motor impairment, mental disability, emotional-behavioral disability, environmental or economic disadvantaged, cultural factors, limited English proficiency, or lack of relevant research-based instruction in the deficit area.
How to Use the Discrepancy Tables
The following links include the pairs of aptitude and achievement tests that might be used in calculating an aptitude-achievement discrepancy using the Regression Estimated True Score Method.
For each test pairing, the age level and table reference is provided. For example, the line looks like the information below:
Apt Test Achievement Test Pairing Age Table/Col
WISC-V FS KTEA III Math Computation 6 2-E
In this pairing, the WISC-V Full Scale IQ score and KTEA-III Math Computation score would be used. For a student aged 6, the appropriate table of criterion values would be Table 2. In Table 2 the user would locate the criterion value in Column E that corresponds to the student’s WISC-V Full Scale IQ score. This criterion value would then be compared to the student’s achievement score on the KTEA-III Math Computation score test.
Current Test Pairings
Cognitive WISC-V
Calculated WISC-V Guidance Please note, this guidance has significantly changed. Please read the Calculated WISC V Guidance document before calculating GAI discrepancies. The publisher recommends only the WISC Full Scale be used for SLD pairings.
Cognitive DAS-II
Cognitive = DAS-II with Achievement = KTEA III
Cognitive K-ABC II (MPI, FCI, NVI)
Woodcock Johnson IV
Speech or Language Impairment
707 KAR 1:002. Definitions. Section 1. Definitions. (60) "Speech or language impairment" means a communication disorder, including stuttering, impaired articulation, a language impairment, a voice impairment, delayed acquisition of language, or an absence of language, that adversely affects a child’s educational performance.
Traumatic Brain Injury
707 KAR 1:002. Definitions. Section 1. Definitions. (63) "Traumatic brain injury" or "TBI" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury does not mean brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. Traumatic brain injury means open or closed head injuries resulting in impairments in one (1) or more areas, including: (a) Cognition;
(b)Language; (c) Memory; (d) Attention; (e) Reasoning; (f) Abstract thinking; (g) Judgment; (h) Problem-solving;
(i) Sensory, perceptual, and motor abilities; (j) Psychosocial behavior; (k) Physical functions; (l) Information processing; and (m) Speech.
Visual Impairment
707 KAR 1:002. Definitions. Section 1. Definitions. (65) "Visual impairment" or "VI" means a vision loss, even with correction, that has an adverse effect on the child's educational performance.
2023 Revisions to Special Education Definitions Q & A and Support Video
The Question and Answers (Q&A) Related to Revisions to Special Education Definitions (Hearing Impairment and Visual Impairment) document is intended to provide frequently asked questions related to the amendments to the definitions for hearing impairment and visual impairment. The Q&A also provides resources to assist schools and districts in improving processes related to referring, evaluating and determining eligibility for a student with a hearing or visual impairment. Additionally, the video is a companion resource that provides an overview of and highlights key features of the Q&A document.
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