(a) All terms defined in the following federal laws and regulations and any other federally defined terms are incorporated herein by reference for purposes of these rules: - (i) The Individuals with Disabilities Education Act of 2004 (IDEA), 20 U.S.C. § 1400 et seq.; and,
- (ii) The IDEA regulations at 34 C.F.R. Part 300 (governing Part B programs for school-aged children with disabilities), and 34 C.F.R. Part 301 (governing programs for preschool children with disabilities).
(b) The following definitions are specifically defined by WDE for the purposes of these rules. - (i) "Developmental Delay" means a child with a disability ages three (3) through nine (9) who is determined, through appropriate diagnostic instruments and procedures, to be experiencing delays in the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development and who, by reason thereof, needs special education and related-services.
- (ii) "Elementary school" means a school consisting of kindergarten through grade five (5), or any appropriate combination of grades within this range, as determined by the plan of organization for schools authorized by the board of trustees, ' including a nonprofit institutional day or residential school or a public elementary charter school that provides elementary education as determined by Wyoming law. [See 34 C.F.R. § 300.13 and W.S. 21-13-101(a)(iv) ]
- (iii) "High school" means a school consisting of grades nine (9) through twelve (12), or any combination of grades within this range, as determined by the plan of organization for schools authorized by the district board, including a nonprofit institutional day or residential school or a public secondary charter school as determined by Wyoming law, except that it does not include education beyond grade 12. [See 34 C.F.R. § 300.36 and W.S. W.S. W.S. 21-13-101(a)(vi) ]
- (iv) "Home based education" means a program of educational instruction provided to a child by the child's parent or legal guardian or by a person designated by the parent or legal guardian. An instructional program provided to more than one family unit does not constitute a home-based educational program. [See W.S. § 21-4-101(a)(v) ]
- (v) "Middle school" means a school, consisting of grades six (6) through eight (8) or any combination of grades within this range, as determined by the plan of organization for schools authorized by the district board of trustees, including a nonprofit institutional day or residential school or a public charter school. [See 34 C.F.R. §§ 300.13 and 300.36 and W.S. W.S. W.S. 21-13-101(a)(vii) ]
- (vi) "Preschool children with disabilities" means children three (3) through five (5) years of age in Wyoming identified as eligible for special education and related services. [See W.S. § 21-2-701 ]
- (vii) "Private school" means, for the purpose of these rules, any nonpublic, elementary or secondary school providing basic academic educational programs for children and may include parochial and church or religious schools and home-based educational programs. [See W.S. § 21-4-101(a)(iii) ]