2006 Delaware Code - Subchapter I — Definitions

§ 3101. Definitions.

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them except when the context clearly indicates a different meaning:

(1) "Exceptional persons" means a handicapped person or a gifted and talented person, as defined herein.

(2) "Free appropriate public education" means special education that is specially designed instruction including classroom instruction, instruction in physical education, home instruction and instruction in hospitals and institutions, and related services as defined by Department of Education rules and regulations approved by the State Board of Education and as may be required to assist a handicapped person to benefit from an education that:

a. Is provided at public expense, under public supervision and direction and without charge in the public school system;

b. Meets the standards of the Department of Education as set forth in this title or in the rules and regulations of the Department as approved by the State Board;

c. Includes elementary, secondary or vocational education in the State; and

d. Is individualized to meet the unique needs of the handicapped person.

The related services to be provided shall be based upon a program for each child as approved by the Department; provided, that the State Board may review any objection to the Department's decision. Funds for such services are to be paid from the Educational Contingency Fund of the Department of Education.

(3) "Gifted or talented person" means a person in the chronological age group 4 through 20 years inclusive, who by virtue of certain outstanding abilities is capable of a high performance in an identified field. Such an individual, identified by professionally qualified persons, may require differentiated educational programs or services beyond those normally provided by the regular school program in order to realize his or her full contribution to self and society. A person capable of high performance as herein defined includes one with demonstrated achievement and/or potential ability in any of the following areas, singularly or in combination:

a. General intellectual ability;

b. Specific academic aptitude;

c. Creative or productive thinking;

d. Leadership ability;

e. Visual and performing arts ability;

f. Psychomotor ability.

(4) "Handicapped person" means a person in the chronological age group 3 through 20 years inclusive, and any other person as otherwise provided for in this title, who because of mental, physical, emotional or learning disability problems, as defined by the Department of Education rules and regulations approved by the State Board of Education, requires special education and related services in order to develop his or her capabilities. This term includes children 3 through 4 inclusive who are experiencing developmental delay and speech and/or language delay. A handicapped person is eligible for services beginning on his or her 3rd birthday.

(5) "Disruptive person" means a person who continually exhibits behavior that does not meet minimal standards of conduct established by the school authorities and that are required in the school and classrooms; whose behavior is in defiance of school personnel, disrupts the school instructional program and is antagonistic to other students and the purpose of the school.

(6) "Person" means a child or other individual ages 3 through 20 years inclusive.

(7) "Parent," for purposes of this chapter, includes a handicapped child's biological or natural parent, or, as appropriate, a stepparent, guardian, surrogate parent or custodian. With respect to a handicapped person who has reached his or her 18th birthday, and for whom no guardian has been appointed, all rights and entitlements accorded to parents by this chapter shall be deemed accorded directly to the handicapped person.

(8) An "intensive learning center pupil" is an identified handicapped person who in most instances will have been classified as educable mentally handicapped, seriously emotionally disturbed or learning disabled and who manifests any of the following characteristics: learning difficulties so severe that he or she cannot respond to the curriculum and services normally provided in a special class for the identified handicap, continually exhibits disruptive behavior in a special class or withdraws into himself or herself to such an extent as to be unserved in the special class authorized for his or her particular handicap. A handicapped person may be assigned to an intensive learning center only after a complete review of his or her records by an identification, placement, review and dismissal committee. All intensive learning centers in a district or in a consortium of districts must be approved by the Department and the State Board of Education. (48 Del. Laws, c. 194, § 2; 14 Del. C. 1953, § 3101; 49 Del. Laws, c. 410, § 2; 51 Del. Laws, c. 287, § 2; 55 Del. Laws, c. 198, § 2; 57 Del. Laws, c. 237, § 2; 60 Del. Laws, c. 571, § 4; 61 Del. Laws, c. 190, §§ 4, 7; 62 Del. Laws, c. 411, § 1; 63 Del. Laws, c. 410, § 1; 64 Del. Laws, c. 63, § 2; 65 Del. Laws, c. 381, § 2; 68 Del. Laws, c. 84, §§ 214, 215; 68 Del. Laws, c. 126, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 180, § 145.)