(a) All identified children with disabilities from birth through age twenty-one (21) described in the following paragraphs (b, c, d) are subject to the policies of the Guam Education Board (Board).

(b) The term children with disabilities means those children evaluated in accordance with the requirements of IDEA as having an intellectual disability, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, emotional disabilities, an orthopedic impairment, autism, traumatic brain injury, and other health impairment, a specific learning disability, deaf-blindness, or a multiple disabilities, and who because of that impairment needs special education and related services. For students ages eighteen (18) to twenty-one (21), the Board shall promulgate policies that are aligned with current policies on the education for all students.

(c) The term infant or toddler with a disability means an infant or toddler with a disability under three (3) years of age who needs early intervention services because they are experiencing developmental delays or have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. This includes infants or toddlers under three (3) years of age who are at risk of having substantial developmental delays, as measured by appropriate diagnostic instruments and procedures, if early intervention services are not provided.

(d) For individuals ages three (3) through five (5), the term children with disabilities means those children who are experiencing developmental delays, as defined by the Board and as measured by appropriate diagnostic instruments and procedures, in one (1) or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development, and for that reason, these children need special education and related services.

(e) Department means the Department of Education. (f) Board means the Guam Education Board.
(g) FAPE means Free Appropriate Public Education.

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17 Guam Code Ann. EDUCATION
CH. 9 EDUCATION & TRAINING FACILITIES AND OPPORTUNITIES FOR THE HANDICAPPED

(h) IEP means Individualized Education Program.

(i) IDEA means Individuals with Disabilities Education Act. (j) Parent for purpose of IDEA means:
(1) a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, (but not the local government if the child is a ward of the government);

(2) a person acting in the place of a biological or adoptive parent (such as grandparent or stepparent, or other relative with whom the child lives, or a person who is legally responsible for the child’s welfare);

(3) a surrogate parent who has been appointed in accordance with
IDEA;

(4) a foster parent of a child (unless a foster parent is prohibited by State law from serving as a parent); or

(5) a biological or adoptive parent of a child.