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.
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.
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.
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.
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.
707 KAR 1:002. Definitions. Section 1. Definitions.(a) May be mild to profound, unilateral or bilateral, permanent or fluctuating, and is determined by: 1. An average pure-tone hearing loss in the speech range (500Hz, 1000Hz, and 2000Hz) of at least 25dB in the better ear; 2. An average pure-tone hearing loss in the high-frequency range (2000Hz, 4000Hz, and 6000Hz) of at least 45dB in the better ear; or 3. An average pure-tone unilateral hearing loss in the speech range (500Hz, 1000Hz, and 2000Hz) of at least 60dB in the impaired ear;(b) Results in difficulty identifying linguistic information through hearing; andc) Has an adverse effect on the child’s educational performance.
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.
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.
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.
707 KAR 1:002. Definitions. Section 1. Definitions.(42) "Other health impairment " or "OHI" means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that: (a) Is due to a chronic or acute health problem, such as acquired immune deficiency syndrome, asthma, attention deficit disorder, attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, Tourette’s syndrome, or tuberculosis; and (b) Adversely affects a child’s educational performance.
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.
*1 hour of PD/EILA credit This module is intended to provide instruction and guidance in determining eligibility for Specific Learning Disability.
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.
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.
707 KAR 1:002. Definitions. Section 1. Definitions.(65) "Visual impairment" or "VI" means a vision loss, even with correction that: (a) Requires specialized materials, instruction in orientation and mobility, Braille, visual efficiency, or tactile exploration; (b) Has an adverse effect on the child’s educational performance; and (c) Meets the following:
1. The child has visual acuity with prescribed lenses that is 20/70 or worse in the better eye; or
2. The child has visual acuity that is better than 20/70 and the child has one (1) of the following conditions: a. A medically-diagnosed progressive loss of vision; b. A visual field of twenty (20) degrees or worse; c. A medically-diagnosed condition of cortical blindness; or d. A functional vision loss.
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.
*1 hour PD/EILA Credit This module is for anyone in a Kentucky school system who is responsible for determining eligibility for special education. This module explores what Adverse Effect really means and what exclusionary factors are and how that information can help you make more informed eligibility decisions.
Letter to Ms. Catherine D. Clarke March 8, 2007 Topic: Child With a Disability Letter regarding criteria for determining whether a speech or language impairment adversely affects a child's educational performance, how public agencies may respond when speech/ language pathology sessions are missed due to the student's absence or the provider's absence, and an explanation of the requirements governing the continuum of alternative placements.