Terms Used In Kansas Statutes > Chapter 72 > Article 34 - Special Education

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means boards and the state agencies. See Kansas Statutes 72-3404
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Board: means the board of education of any school district. See Kansas Statutes 72-3404
• Children with disabilities: means children who:

  (1) Have an intellectual disability, hearing loss including deafness, speech or language disorders, visual impairments including blindness, emotional disability, orthopedic impairments, autism, dyslexia, traumatic brain injury, other health impairments, or specific learning disabilities and who, by reason thereof, need special education and related services; and

  (2) are experiencing one or more developmental delays and, by reason thereof, need special education and related services if such children are ages three through nine. See Kansas Statutes 72-3404

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the state department of education. See Kansas Statutes 72-3404
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Education advocate: means a person appointed by the state board in accordance with the provisions of Kan. See Kansas Statutes 72-3404
• Emotional disability: means the same as the term "emotional disturbance" is used in public law 101-476, the individuals with disabilities education act. See Kansas Statutes 72-3404
• Evaluation: means a multisourced and multidisciplinary examination, conducted in accordance with the provisions of Kan. See Kansas Statutes 72-3404
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Exceptional children: means persons who are children with disabilities or gifted children and are school age, to be determined in accordance with rules and regulations adopted by the state board, whose age may differ from the ages of children required to attend school under the provisions of Kan. See Kansas Statutes 72-3404
• Federal law: means the individuals with disabilities education act, as amended. See Kansas Statutes 72-3404
• Free appropriate public education: means special education and related services that:

  (1) Are provided at public expense, under public supervision and direction, and without charge;

  (2) meet the standards of the state board;

  (3) include an appropriate preschool, elementary or secondary school education; and

  (4) are provided in conformity with an individualized education program. See Kansas Statutes 72-3404

• Gifted children: means exceptional children who are determined to be within the gifted category of exceptionality as such category is defined by the state board. See Kansas Statutes 72-3404
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
• Homeless children: means "homeless children and youths" as defined in the federal McKinney-Vento homeless assistance act, 42 U. See Kansas Statutes 72-3404
• IEP: means a written statement for each exceptional child that is developed, reviewed, and revised in accordance with the provisions of Kan. See Kansas Statutes 72-3404
• IEP team: means a group of individuals composed of:

  (1) The parents of a child;

  (2) at least one regular education teacher of the child if the child is, or may be, participating in the regular education environment;

  (3) at least one special education teacher or, where appropriate, at least one special education provider of the child;

  (4) a representative of the agency directly involved in providing educational services for the child who is:

  (A) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of exceptional children;

  (B) knowledgeable about the general curriculum; and

  (C) knowledgeable about the availability of resources of the agency;

  (5) an individual who can interpret the instructional implications of evaluation results;

  (6) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

  (7) whenever appropriate, the child. See Kansas Statutes 72-3404

• Independent educational evaluation: means an examination that is obtained by the parent of an exceptional child and performed by an individual or group of individuals who meet state and local standards to conduct such an examination. See Kansas Statutes 72-3404
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Material change in services: means an increase or decrease of 25% or more of the duration or frequency of a special education service, a related service or a supplementary aid or a service specified on the IEP of an exceptional child. See Kansas Statutes 72-3404
• Minority leader: See Floor Leaders
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Parent: means :

  (1) A natural parent;

  (2) an adoptive parent;

  (3) a person acting as parent;

  (4) a legal guardian;

  (5) an education advocate; or

  (6) a foster parent, if the foster parent has been appointed the education advocate of an exceptional child. See Kansas Statutes 72-3404

• Person acting as parent: means a person such as a grandparent, stepparent or other relative with whom a child lives or a person other than a parent who is legally responsible for the welfare of a child. See Kansas Statutes 72-3404
• Property: includes personal and real property. See Kansas Statutes 77-201
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Related services: means transportation, and such developmental, corrective, and other supportive services, including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the child's IEP, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only, as may be required to assist an exceptional child to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See Kansas Statutes 72-3404
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• School district: means any public school district. See Kansas Statutes 72-3404
• Secondary school: means any nonprofit institutional day or residential school that offers instruction in any or all of the grades nine through 12. See Kansas Statutes 72-3404
• Special education: means specially designed instruction provided at no cost to parents to meet the unique needs of an exceptional child, including:

  (1) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

  (2) instruction in physical education. See Kansas Statutes 72-3404

• Special teacher: means a person, employed by or under contract with a school district or a state institution to provide special education or related services, who is qualified to:

  (1) Provide special education or related services to exceptional children as determined pursuant to standards established by the state board; or

  (2) assist in the provision of special education or related services to exceptional children as determined pursuant to standards established by the state board. See Kansas Statutes 72-3404

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• State agency: means the Kansas department for children and families, the Kansas department for aging and disability services, the department of corrections and the juvenile justice authority. See Kansas Statutes 72-3404
• State board: means the state board of education. See Kansas Statutes 72-3404
• State institution: means any institution under the jurisdiction of a state agency. See Kansas Statutes 72-3404
• State plan: means the state plan for special education and related services authorized by this act. See Kansas Statutes 72-3404
• Subpoena: A command to a witness to appear and give testimony.
• Substantial change in placement: means the movement of an exceptional child, for more than 25% of the child's school day, from a less restrictive environment to a more restrictive environment or from a more restrictive environment to a less restrictive environment. See Kansas Statutes 72-3404
• Supplementary aids and services: means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate. See Kansas Statutes 72-3404
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Uphold: The decision of an appellate court not to reverse a lower court decision.