“Emotional disabil
“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 child’s educational performance:
1. An inability to learn that cannot be explained by intellectual,
sensory, or health factors;
2. An inability to build or maintain satisfactory interpersonal
relationships with peers and teachers;
3. Inappropriate types of behavior or feelings under normal
circumstances;
4. A general pervasive mood of unhappiness or depression; or
5. A tendency to develop physical symptoms or fears associated
with personal or school problems.
Emotional disability includes schizophrenia. The term does
not apply to children who are socially maladjusted, unless it is
determined that they have an emotional disability as defined in this
section.
“Equipment” means machinery, utilities, and built-in equipment,
and any necessary enclosures or structures to house machinery,
utilities, or equipment and all other items necessary for the
functioning of a particular facility as a facility for the provision
of educational services, including items such as instructional
equipment and necessary furniture, printed, published and audiovisual
instructional materials, telecommunications, sensory, and
other technological aids and devices and books, periodicals,
documents, and other related materials. (34 CFR 300.14)
“Evaluation” means procedures used in accordance with this chapter
to determine whether a child has a disability and the nature and
extent of the special education and related services that the child
needs.
“Excess costs”
means those costs that are in excess of the average
annual per-student expenditure in a local educational agency
during the preceding school year for an elementary school or
secondary school student, as may be appropriate, and that shall
be computed after deducting:
1. Amounts received:
a. Under Part B of the Act;
b. Under Part A of Title I of the ESEA; and
c. Under Parts A and B of Title III of the ESEA; and
2. Any state or local funds expended for programs that would
qualify for assistance under any of the parts described in
subdivision 1 a of this definition, but excluding any amounts
for capital outlay or debt service.
