53A-25b-102 - Definitions.
53A-25b-102. Definitions.
As used in this chapter:
(1) "Advisory council" means the Advisory Council for the Utah Schools for the Deaf and theBlind.
(2) "Alternate format" includes braille, audio, or digital text, or large print.
(3) "Associate superintendent" means:
(a) the associate superintendent of the Utah School for the Deaf; or
(b) the associate superintendent of the Utah School for the Blind.
(4) "Blind" means:
(a) if the person is three years of age or older but younger than 22 years of age, having a visualimpairment that, even with correction, adversely affects educational performance or substantially limitsone or more major life activities; and
(b) if the person is younger than three years of age, having a visual impairment.
(5) "Blindness" means an impairment in vision in which central visual acuity:
(a) does not exceed 20/200 in the better eye with correcting lenses; or
(b) is accompanied by a limit to the field of vision in the better eye to such a degree that itswidest diameter subtends an angle of no greater than 20 degrees.
(6) "Board" means the State Board of Education.
(7) "Cortical visual impairment" means a neurological visual disorder:
(a) that:
(i) affects the visual cortex or visual tracts of the brain;
(ii) is caused by damage to the visual pathways to the brain;
(iii) affects a person's visual discrimination, acuity, processing, and interpretation; and
(iv) is often present in conjunction with other disabilities or eye conditions that cause visualimpairment; and
(b) in which the eyes and optic nerves of the affected person appear normal and the person'spupil responses are normal.
(8) "Deaf" means:
(a) if the person is three years of age or older but younger than 22 years of age, having ahearing impairment, whether permanent or fluctuating, that, even with amplification, adversely affectseducational performance or substantially limits one or more major life activities; and
(b) if the person is younger than three years of age, having a hearing impairment.
(9) "Deafblind" means:
(a) if the person is three years of age or older but younger than 22 years of age:
(i) deaf;
(ii) blind; and
(iii) having hearing and visual impairments that cause such severe communication and otherdevelopmental and educational needs that the person cannot be accommodated in special educationprograms solely for students who are deaf or blind; or
(b) if the person is younger than three years of age, having both hearing and vision impairmentsthat are diagnosed as provided in Section 53A-25b-301.
(10) "Deafness" means a hearing loss so severe that the person is impaired in processinglinguistic information through hearing, with or without amplification.
(11) "Educator" means a person who holds:
(a) (i) a license issued under Title 53A, Chapter 6, Educator Licensing and ProfessionalPractices Act; and
(ii) a position as:
(A) a teacher;
(B) a speech pathologist;
(C) a librarian or media specialist;
(D) a preschool teacher;
(E) a guidance counselor;
(F) a school psychologist;
(G) an audiologist; or
(H) an orientation and mobility specialist; or
(b) (i) a bachelor's degree or higher;
(ii) credentials from the governing body of the professional's area of practice; and
(iii) a position as:
(A) a Parent Infant Program consultant;
(B) a deafblind consultant;
(C) a school nurse;
(D) a physical therapist;
(E) an occupational therapist;
(F) a social worker; or
(G) a low vision specialist.
(12) "Functional blindness" means a disorder in which the physical structures of the eye may befunctioning, but the person does not attend to, examine, utilize, or accurately process visual information.
(13) "Functional hearing loss" means a central nervous system impairment that results inabnormal auditory perception, including an auditory processing disorder or auditoryneuropathy/dys-synchrony, in which parts of the auditory system may be functioning, but the persondoes not attend to, respond to, localize, utilize, or accurately process auditory information.
(14) "Hard of hearing" means having a hearing loss, excluding deafness.
(15) "Hearing impairment" includes hard of hearing, deafness, or functional hearing loss.
(16) "Individualized education program" or "IEP" means:
(a) a written statement for a student with a disability that is developed, reviewed, and revised inaccordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; or
(b) an individualized family service plan developed:
(i) for a child with a disability who is younger than three years of age; and
(ii) in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 etseq.
(17) "LEA" means a local education agency that has administrative control and direction forpublic education.
(18) "LEA of record" means the school district of residence of a student as determined underSection 53A-2-201.
(19) "Low vision" means an impairment in vision in which:
(a) visual acuity is at 20/70 or worse; or
(b) the visual field is reduced to less than 20 degrees.
(20) "Parent Infant Program" means a program at the Utah Schools for the Deaf and the Blindthat provides services:
(a) through an interagency agreement with the Department of Health to children younger thanthree years of age who are deaf, blind, or deafblind; and
(b) to children younger than three years of age who are deafblind through Deafblind Servicesof the Utah Schools for the Deaf and the Blind.
(21) "Section 504" means Section 504 of the Rehabilitation Act of 1973.
(22) "Section 504 accommodation plan" means a plan developed pursuant to Section 504 ofthe Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to an individualwith a disability to ensure access to major life activities.
(23) "Superintendent" means the superintendent of the Utah Schools for the Deaf and theBlind.
(24) "Visual impairment" includes partial sightedness, low vision, blindness, cortical visualimpairment, functional blindness, and degenerative conditions that lead to blindness or severe loss ofvision.
Enacted by Chapter 294, 2009 General Session