In this chapter, the following terms have the meanings indicated. Terms Defined. “Accommodation” means practices and procedures, in accordance with the Maryland Accommodations Manual, that provide students with disabilities equitable access during instruction and to assessments in the areas of: Presentation; Response; Setting; and Scheduling. “Act” means the Individuals with Disabilities Education Act, 20 U.S.C. §§1401—1419. “Assessment” means the process of collecting data in accordance with Regulation .05 of this chapter, to be used by the IEP team to determine a student's need for special education and related services. Assistive Technology Device. “Assistive technology device” means an 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 student with a disability, in accordance with 34 CFR §300.5. “Assistive technology device” does not include a medical device that is surgically implanted, or the replacement of such a device. Assistive Technology Service. “Assistive technology service” means a service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device, “Assistive technology service” includes: The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment; Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities; Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; Training or technical assistance for a student with a disability or, if appropriate, the student's family; and Training or technical assistance for professionals, including individuals providing education or rehabilitation services, employers, or other individuals who provide services, employ, or are otherwise substantially involved in the major life functions of a student with a disability, in accordance with 34 CFR §300.6. At No Cost. “At no cost” means the provision of all specially designed instruction without charge. “At no cost” does not include incidental fees that are typically charged to students without disabilities or to parents as a part of the regular education program, consistent with 34 CFR §300.39(b)(1). “Audiology” means services which include: Identification of students with hearing loss; Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; Provision of habilitative activities such as language habilitation, auditory training, speech reading (lip reading), hearing evaluation, and speech conservation; Creation and administration of programs for the prevention of hearing loss; Counseling and guidance of students, parents, and teachers regarding hearing loss; and Determination of the student's need for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification. “Autism” means a developmental disability that: Does not include emotional disability as defined in §B(23) of this regulation; Significantly affects verbal and nonverbal communication and social interaction; Is generally evident before 3 years old; Adversely affects a student's educational performance; and May be characterized by: Engagement in repetitive activities and stereotyped movements, Resistance to environmental change or change in daily routines, and Unusual responses to sensory experiences. “Business day” means a day when a public agency is open for business whether or not students are required to be in attendance for instruction. “Career and technology education” means organized educational programs which are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree. “Charter school” means a school that operates under the supervision of the public chartering authority in accordance with Education Article, §9-102, Annotated Code of Maryland. Consent. “Consent” means a parent: Has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication; Understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom; and Understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. “Consent” includes consent given to an action before a parent revokes consent, so that: If a parent revokes consent, that revocation is not retroactive and does not negate an action that occurred after the consent was given and before the consent was revoked; and If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the student's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent. “Consultation” means services provided to a teacher, parent, or other service provider, regarding a specific student, designed to support and enhance the implementation of a student's IEP. “Counseling services” means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. “Critical life skill” means a skill determined by the individualized education program (IEP) team to be critical to the student's overall educational progress. “Day” means a calendar day unless otherwise indicated as a school day or business day. “Deaf-blindness” means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that the student cannot be accommodated solely as a student with deafness or a student with blindness. “Deafness” means a hearing impairment which: Is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification; and Adversely affects the student's educational performance. “Department” means the Maryland State Department of Education. “Early identification” means the implementation of a formal process for identifying a disability as early as possible in a child's life. “Education record” means personally identifiable information, as defined by §B(55) of this regulation, about a student with a disability, maintained by a public agency, consistent with 34 CFR 99 and COMAR 13A.08.02. Elementary School. “Elementary school” means a public day or residential school that provides elementary education and programs in accordance with 34 CFR §300.7, and Education Article, §1-101, Annotated Code of Maryland. “Elementary school” includes: Elementary charter schools; and Preschool programs. Emergency Conditions. “Emergency Conditions” means a period of time of 10 school days or longer, during which: A child with a disability cannot be provided with an individualized education program or special education services at school; and The school is providing instruction in some form to its students. “Emergency conditions” does not include: Disciplinary removals for 10 or more days under COMAR 13A.08.01.11; or Students unable to participate in their school of enrollment due to a physical or emotional condition as described under COMAR 13A.03.05. Emotional Disability. “Emotional disability” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, that adversely affects a student's educational performance: An inability to learn that cannot be explained by intellectual, sensory, or health factors; An inability to build or maintain satisfactory interpersonal relationships with peers and teachers; Inappropriate types of behavior or feelings under normal circumstances; A general, pervasive mood of unhappiness or depression; or A tendency to develop physical symptoms or fears associated with personal or school problems. “Emotional disability” includes schizophrenia. “Emotional disability” does not include a student who is socially maladjusted, unless it is determined that the student has an emotional disability. “Equipment” means: Machinery, utilities, and built-in equipment, and enclosures necessary to house the machinery, utilities, or equipment; and Other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including: Instructional equipment and necessary furniture; Printed, published, and audiovisual instructional materials; Telecommunications, sensory, and other technological aids and devices; Books, periodicals, and documents; and Other related materials. Evaluation. “Evaluation” means the process of reviewing: Information from parents; Existing data; and Results of assessment procedures used to determine whether a student has a disability, and the nature and extent of the special education and related services that the student needs. “Evaluation” means a review at a meeting of the IEP team and other qualified professionals, as appropriate, in accordance with 34 CFR §§300.304—300.311 and Regulations .05 and .06 of this chapter. “Extended school year services” means the individualized extension of specific special education and related services that: Are provided to a student with a disability beyond the normal school year of the public agency or nonpublic school the student attends, in accordance with the student's IEP; Are provided at no cost to the parents of the student; and Meet the standards of the Department. “Free appropriate public education (FAPE)” means special education and related services that: Are provided at public expense, under public supervision and direction; Meet the standards of the Department, including the requirements of 34 CFR §§300.8, 300.101, 300.102, and 300.530(d) and this chapter; Include preschool, elementary, or secondary education; and Are provided in conformity with an IEP that meets the requirements of 20 U.S.C. §1414, and this chapter. “General curriculum” means the curricular content adopted by a public agency, or schools within a public agency, for students from preschool through secondary education. “Hearing impairment” means an impairment in hearing, whether permanent or fluctuating, that adversely affects a student's educational performance, but which is not included in §B(18) of this regulation. “Homeless students” means children and youth as defined by §725 of the McKinney-Vento Homeless Assistance Act and COMAR 13A.05.09. “Impartial hearing officer” means an administrative law judge appointed by the Office of Administrative Hearings to conduct a due process hearing in accordance with 34 CFR §300.511(c) and Education Article, §8-413, Annotated Code of Maryland. “Include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named. “Independent educational evaluation” means assessment procedures conducted by a qualified individual who is not employed by the public agency responsible for the education of the student. “Individualized education program (IEP)” means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§300.320—300.324 and Regulations .08 and .09 of this chapter. “IEP team” means a group of individuals responsible for: Identifying and evaluating students with disabilities in accordance with 34 CFR §§300.301—300.311 and Regulations .04—.06 of this chapter; Developing, reviewing, or revising an IEP for a student with a disability in accordance with 34 CFR §§300.320—300.328 and Regulation .07 of this chapter; and Determining the placement of a student with a disability in the least restrictive environment (LRE) in accordance with 34 CFR §§300.114 — 300.117 and Regulation .10 of this chapter. “Intellectual disability” means general intellectual functioning, adversely affecting a student's educational performance, that: Is significantly subaverage; Exists concurrently with deficits in adaptive behavior; and Is manifested during the developmental period. Interpreting Services. “Interpreting services” means services for students who are deaf or hard of hearing. “Interpreting services” include: Oral transliteration services; Cued language transliteration services; Sign language transliteration and interpreting services; Transcription services, including Communication Access Real-Time Translation (CART), C-Print, and TypeWell; and Special interpreting services for students who are deaf-blind. “Learning Continuity Plan” means the sections of the IEP that address the provisions of a free appropriate public education during emergency conditions. “Limited English proficient (LEP)” means an individual who does not speak English as the individual's primary language and who has a limited ability to read, speak, write, or understand English. “Local school system (LSS)” means any of the 24 public school systems in the State responsible for providing a free appropriate public education to students with disabilities. “Mediator” means a qualified individual: Selected by the Office of Administrative Hearings to conduct mediation in accordance with 34 CFR §300.506, Education Article §8-413, Annotated Code of Maryland, and Regulation .15B of this chapter; and Trained in effective mediation techniques. “Medical services” means services provided by a licensed physician to determine a student's medically related disability that results in the student's need for special education and related services. Meeting. “Meeting” means a prearranged event when personnel of a public agency, a parent, and others who have knowledge or special expertise regarding the student, at the discretion of the public agency or the parent, come together at the same time and place to discuss matters related to the identification, evaluation, educational placement, and the provision of FAPE for a student with a disability. “Meeting” does not include: Informal or unscheduled conversations with public agency personnel; Conversations on issues of teaching methodology, lesson plans, or coordination of service provision, if these issues are not addressed on the student's IEP; or Preparatory activities of public agency personnel necessary to develop a proposal or response to a parent proposal that will be discussed at a later meeting. “Modifications” means practices that change, lower, or alter learning expectations, in accordance with the Maryland Accommodations Manual. Multiple Disabilities. “Multiple disabilities” means concomitant impairments, such as intellectual disability-blindness or intellectual disability-orthopedic impairment, the combination of which causes such severe educational problems that the student cannot be accommodated in special education programs solely for one of the impairments. “Multiple disabilities” does not include students with deaf-blindness. Native Language. “Native language” means the language normally used by an individual who is limited English proficient, or the language normally used by the parent of the student in accordance with 34 CFR §29. “Native language” includes the language normally used by the student in: All direct contact; Assessment and evaluation; The student's home; and The student's learning environment. “Native language” includes the mode of communication that is normally used by an individual: Who is blind; Who is deaf; or With no written language. “Nonacademic and extracurricular activities and services” means activities and services which may include: Counseling services, athletics, transportation, health services, recreational activities, special interest groups, or clubs sponsored by the public agency; Referrals to agencies that provide assistance to individuals with disabilities; and Employment of students, including employment by the public agency and assistance in making outside employment available. “Nonpublic school” means a day or residential educational program that is governed and operated by an individual or entity, excluding the federal government or any State, county, or municipal agency, or division of these, in accordance with COMAR 13A.09.10. “Occupational therapy” means services which include: Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; Improving ability to perform tasks for independent functioning when functions are impaired or lost; and Preventing, through early intervention, initial or further impairment or loss of function. Orientation and Mobility Services. “Orientation and mobility services” means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community. “Orientation and mobility services” includes: Teaching students spatial and environmental concepts and use of information received by the senses, such as sound, temperature, and vibrations, to establish, maintain, or regain orientation and line of travel; Teaching students to use the long cane or a service animal, as appropriate, to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; Teaching students to understand and use remaining vision and distance low vision aids, as appropriate; and Other concepts, techniques, and tools, as determined appropriate. Orthopedic Impairment. “Orthopedic impairment” means a severe orthopedic impairment that adversely affects a student's educational performance. “Orthopedic impairment” includes impairments: Caused by congenital anomaly, such as clubfoot or absence of some member; Caused by disease such as poliomyelitis or bone tuberculosis; and From other causes such as cerebral palsy, amputations, and fractures or burns which cause contractures. “Other health impairment” 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 is adversely affecting a student's educational performance, due to chronic or acute health problems such as: Asthma; Attention deficit disorder or attention deficit hyperactivity disorder; Diabetes; Epilepsy; A heart condition; Hemophilia; Lead poisoning; Leukemia; Nephritis; Rheumatic fever; Sickle cell anemia; or Tourette syndrome. Parent. “Parent” means: A biological or adoptive parent; A guardian; A person acting as a parent of a student, including a grandparent, stepparent, or other relative with whom the child lives, or an individual who is legally responsible for the child's welfare; A foster parent with whom the student lives, if the foster parent has been granted limited guardianship for educational decision-making purposes by the court that has placed the child in foster care; or A surrogate parent who has been appointed in accordance with 34 CFR §300.519 and Education Article, §8-412, Annotated Code of Maryland. “Parent” does not include: An employee of a public agency responsible for the education or care of the child; or The State, if the child is a ward of the State. “Parent counseling and training” means: Assisting parents in understanding the special needs of the child; and Providing parents with information about child development. “Participating agency” means a public agency, other than the public agency responsible for the student's education, that is financially and legally responsible for providing or paying for the provision of transition services to the student. “Personally identifiable information” means information that includes: The name of the student, the student's parent, or other family member; The address of the student; A personal identifier such as the student's Social Security number or student number; and A list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty. Physical Education. “Physical education” means the development of: Physical and motor fitness; Fundamental motor skills and patterns; and Skills in aquatics, dance, and individual and group games and sports, including intramural and lifetime sports. “Physical education” includes: Special physical education; Adaptive physical education; Movement education; and Motor development. “Physical therapy” means services provided by a qualified physical therapist or physical therapy assistant, in accordance with Health Occupations Article, §13-101(h), Annotated Code of Maryland, and COMAR 10.38.03.02. “Psychological services” means services that include: Administering psychological and educational tests, and other assessment procedures; Interpreting assessment results; Obtaining, integrating, and interpreting information about student behavior and conditions relating to learning; Consulting with other staff members in planning school programs to meet the special educational needs of students as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; Planning and managing a program of psychological services, including psychological counseling for students and parents; and Assisting in developing positive behavioral intervention strategies. Public Agency. “Public agency” means a State or local government or quasi-government entity responsible for the provision of a free appropriate public education to students with disabilities. “Public agency” includes local school systems, the SEED School, the Department, the Maryland Department of Health, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor. “Public expense” means the cost of services paid or provided by a public agency at no cost to the parent. “Qualified” means an individual who has met the State 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. “Recreation” means services which include assessment of leisure function, therapeutic recreation services, recreation programs in schools and other community agencies, and leisure education. “Reevaluation” means an evaluation conducted after the initial evaluation in accordance with Regulation .06D of this chapter. “Rehabilitation counseling services” means services provided: By qualified personnel in individual and group sessions that focus specifically on: Career development, Employment preparation, Achieving independence, and Integration in the workplace and community of a student with a disability; and To students with disabilities by vocational rehabilitation services funded under the Rehabilitation Act of 1973. Related Services. “Related services” means transportation and such developmental, corrective, and other supportive services as may be required to assist a student with a disability to benefit from special education. “Related services” includes: Speech-language pathology; Audiology; Interpreting services; Psychological services; Physical and occupational therapy; Recreation, including therapeutic recreation; Early identification and assessment of disabilities in students; Counseling services, including rehabilitation counseling; Orientation and mobility services; Medical services for diagnostic or evaluation purposes; School health services, including school nursing services; Social work services in schools; and Parent counseling and training. “Related services” does not include: A surgically implanted medical device; The optimization of the device's functioning; Maintenance of the device; or Replacement of the device. “School day” means a day, including a partial day, when a public agency is open and students with and without disabilities are required to be in attendance for instruction in accordance with COMAR 13A.08.02.01. “School health services” means services: Provided by a qualified school nurse or other qualified individual; and Designed to enable a student with a disability to receive FAPE as described in the student's IEP. Secondary School. “Secondary school” means a public day or residential school that provides secondary education in accordance with 34 CFR §300.36, Education Article. “Secondary school” does not include education beyond grade 12. “Service plan” means a written statement developed and implemented in accordance with 34 CFR §§300.131—300.144 and Regulation .16B of this chapter, that describes the special education and related services a local school system shall provide to a parentally placed private school student with a disability designated to receive services, including the location of the services and any transportation necessary. “Social work services in schools” means services which include: Preparing a social or developmental history of a student with a disability; Group and individual counseling with the student and family; Working with those problems in a student's living situation, such as home, school, and community, that affect the student's adjustment in school; Mobilizing school and community resources to enable the student to learn as effectively as possible in the student's educational program; and Assisting in the development of positive behavioral intervention strategies. Special Education. “Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings. “Special education” includes speech-language pathology services, travel training, career and technology education, and instruction in physical education if the service consists of specially designed instruction. “Specially designed instruction” means the adaptation of content, methodology, or delivery of instruction to address the unique needs of a student with a disability to ensure access to the general curriculum, so that the student can meet the educational standards that apply to each student within the jurisdiction of the public agency. Specific Learning Disability (SLD). “SLD” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, consistent with Department criteria. “SLD” includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. “SLD” does not include students who have learning problems which are primarily the result of visual, hearing, or motor impairments, intellectual disability, emotional disability, or environmental, cultural, or economic disadvantage. “Speech or language impairment” means a communication disorder such as stuttering, impaired articulation, voice impairment, or language impairment that adversely affects a student's educational performance. “Speech-language pathology” means services which include: Identification of students with speech or language impairments; Diagnosis and appraisal of specific speech or language impairments; Referral for medical or other professional attention necessary for the habilitation of speech or language impairments; Provision of speech and language services for the habilitation or prevention of communicative impairments; and Counseling and guidance of parents, students, and teachers regarding speech and language impairments. “Statewide assessment” means the testing procedures adopted by the State Board of Education to measure student or school performance, consistent with 20 U.S.C. §1412(a)(16). “Student with a developmental delay” means a student within the age range of 3 years old through 7 years old assessed and evaluated in accordance with Regulations .05 and .06 of this chapter as having: A 25 percent or greater delay in adaptive, cognitive, communicative, emotional, physical, or social development; Atypical development or behavior as defined in COMAR 13A.13.01.03B(12)(b); or A diagnosed physical or mental condition as defined in COMAR 13A.13.01.03B(12)(c). “Student with a disability” means a student, 3 years old through the end of the school year in which the student turns 21 years old: Evaluated in accordance with Regulation .06 of this chapter as having: Autism, Deaf-blindness, Emotional disability, Hearing impairment, including deafness, Intellectual disability; Multiple disability, Orthopedic impairment, Other health impairment, Specific learning disability, Speech or language impairment, Traumatic brain injury, or Visual impairment, including blindness; and Who, because of the impairment, needs special education and related services. “Supplementary aids and services” means aids and services and other supports that are provided in regular education classes, other education-related settings, and extracurricular and nonacademic settings to enable a student with a disability to be educated with students without disabilities to the maximum extent appropriate in accordance with 34 CFR §§300.114 — 300.116 and Regulation .10 of this chapter. Transition Services. “Transition services” means a coordinated set of activities for a student with a disability, designed within a results-oriented process, that is focused on improving the academic and functional achievement of a student with a disability to facilitate the student's movement from school to post-school activities, including: Post-secondary education; Career and technology education; Integrated employment, including supported employment; Continuing and adult education; Adult services; Independent living; or Community participation. “Transition services” also means activities based on the student's needs, taking into account the student's strengths, preferences, and interests. “Transition services” include: Needed activities in the areas of instruction, related services, community experiences, development of employment, or other post-school adult living objectives; Acquisition of daily living skills; and Functional vocational evaluation, if appropriate. “Transportation” means services which include: Travel to and from school and between schools; Travel in and around school buildings; and Specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a student with a disability. Traumatic Brain Injury. “Traumatic brain injury” means an acquired injury to the brain, caused by an external force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. “Traumatic brain injury” includes open or closed head injuries resulting in impairments in one or more areas such as: Cognition; Language; Memory; Attention; Reasoning; Abstract thinking; Judgment; Problem solving; Sensory, perceptual, and motor abilities; Psychosocial behavior; Physical functions; Information processing; and Speech. “Traumatic brain injury” does not include brain injuries that are: Congenital or degenerative; or Induced by birth trauma. “Travel training” means providing instruction to students with disabilities, as appropriate, who require this 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. “Visual impairment” means impairment in vision which, even with correction, adversely affects a student's educational performance. “Visual impairment” includes partial sight and blindness. Ward of the State. “Ward of the State” means a child for whom a State or county agency or official has been appointed legal guardian, or who has been committed by a court of competent jurisdiction to the legal custody of a State or county agency or official with the express authorization that the State or county agency or official make educational decisions for the child. “Ward of the State” does not include a foster child who has a foster parent who meets the definition of a parent as defined in §B(52)(a)(iv) of this regulation.