Regulations Govern
Definitions
8VAC20-81-10. Definitions.
The following words and terms when used in this chapter shall have the
following meanings unless the context clearly indicates otherwise:
“Act” means the Individuals with Disabilities Education Improvement
Act, P.L. 108-446, December 3, 2004, § 1400 et seq. (34 CFR
300.4)
“Age of eligibility” means all eligible children with disabilities who
have not graduated with a standard or advanced studies high
school diploma who, because of such disabilities, are in need of
special education and related services, and whose second birthday
falls on or before September 30, and who have not reached their
22nd birthday on or before September 30 (two to 21, inclusive)
in accordance with the Code of Virginia. A child with a disability
whose 22nd birthday is after September 30 remains eligible for the
remainder of the school year. (§ 22.1-213 of the Code of Virginia;
34 CFR 300.101(a) and 34 CFR 300.102(a)(3)(ii))
“Age of majority” means the age when the procedural safeguards and
other rights afforded to the parent(s) of a student with a disability
transfer to the student. In Virginia, the age of majority is 18. (§
1-204 of the Code of Virginia; 34 CFR 300.520)
“Agree or Agreement” – see the definition for “consent.”
“Alternate assessment” means the state assessment program, and
any school divisionwide assessment to the extent that the school
division has one, for measuring student performance against
alternate achievement standards for students with significant
intellectual disabilities who are unable to participate in statewide
Standards of Learning testing, even with accommodations. (34
CFR 300.320(a)(2)(ii) and 34 CFR 300.704(b)(4)(x))
“Alternative assessment” means the state assessment program for
measuring student performance on grade level standards for
students with disabilities who are unable to participate in statewide
Standards of Learning testing, even with accommodations.
“Assistive technology device” means any item, piece of equipment,
or product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or
improve the functional capabilities of a child with a disability. The
term does not include a medical device that is surgically implanted,
or the replacement of that device. (34 CFR 300.5)http://www.doe.virginia.gov/special_ed/regulations/state/regs_speced_disability_va.pdf
