§ 2942. Definitions

As used in this chapter

(1) “Child with a disability” means any child in Vermont eligible under State rules to receive special education.

(2) “Special education” means, to the extent required by federal law, specially designed instruction, at no cost to parents or guardian, to meet the unique educational needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. The term includes “related services” as defined in federal law.

(3) “Essential early education” means the education of children with disabilities prior to legal school age for the early acquisition of fundamental skills.

(4) “Federal law” means the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485, and its implementing regulations, as amended from time to time.

(5) “Residential placement” means the placement of an eligible child, as part of an individualized education program, in a 24-hour residential facility within or outside Vermont that provides educational services consistent with the child’s program.

(6) “Individualized education program” means a program established for an eligible child pursuant to 20 U.S.C. § 1401(19) and the implementing federal regulations and State rules.

(7) “Unilateral placement” means a placement of a child eligible for special education by a person or persons having legal custody of the child in an educational placement other than one recommended by the child’s duly constituted individualized education program team as defined in 20 U.S.C. § 1401(19).

[Subdivision (8) effective July 1, 2022.]

(8) A “student who requires additional support” means a student:

(A) who is on an individualized education program;

(B) who is on a section 504 plan under the Rehabilitation Act of 1973, 29 U.S.C. § 794;

(C) who is not on an individualized education program or section 504 plan but whose ability to learn is negatively impacted by a disability or by social, emotional, or behavioral needs, or whose ability to learn is negatively impacted because the student is otherwise at risk;

(D) for whom English is not the primary language; or

(E) who reads below grade level. (Amended 1965, No. 152, § 2; 1971, No. 207 (Adj. Sess.), § 1; 1987, No. 235 (Adj. Sess.), § 3; 1989, No. 107, § 1; 1995, No. 157 (Adj. Sess.), § 22; 1999, No. 117 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 196, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 78; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 131 (Adj. Sess.), § 109.)