Guam § 9102 - Definitions.

§ 9102. Definitions.

(a) All identified children with disabilities from birth through age

twenty-one (21) described in the following paragraphs (b, c, d) are subject to

the policies of the Guam Education Board (Board).

(b) The term children with disabilities means those children evaluated

in accordance with the requirements of IDEA as having an intellectual

disability, a hearing impairment including deafness, a speech or language

impairment, a visual impairment including blindness, emotional disabilities,

an orthopedic impairment, autism, traumatic brain injury, and other health

impairment, a specific learning disability, deaf-blindness, or a multiple

disabilities, and who because of that impairment needs special education and

related services. For students ages eighteen (18) to twenty-one (21), the

Board shall promulgate policies that are aligned with current policies on the

education for all students.

(c) The term infant or toddler with a disability means an infant or

toddler with a disability under three (3) years of age who needs early

intervention services because they are experiencing developmental delays or

have a diagnosed physical or mental condition that has a high probability of

resulting in developmental delay. This includes infants or toddlers under

three (3) years of age who are at risk of having substantial developmental

delays, as measured by appropriate diagnostic instruments and procedures, if

early intervention services are not provided.

(d) For individuals ages three (3) through five (5), the term children

with disabilities means those children who are experiencing developmental

delays, as defined by the Board and as measured by appropriate diagnostic

instruments and procedures, in one (1) or more of the following areas:

physical development, cognitive development, communication development,

social or emotional development, or adaptive development, and for that

reason, these children need special education and related services.

(e) Department means the Department of Education.

(f) Board means the Guam Education Board.

(g) FAPE means Free Appropriate Public Education.

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(h) IEP means Individualized Education Program.

(i) IDEA means Individuals with Disabilities Education Act.

(j) Parent for purpose of IDEA means:

(1) a guardian generally authorized to act as the child’s parent, or

authorized to make educational decisions for the child, (but not the

local government if the child is a ward of the government);

(2) a person acting in the place of a biological or adoptive parent

(such as grandparent or stepparent, or other relative with whom the

child lives, or a person who is legally responsible for the child’s

welfare);

(3) a surrogate parent who has been appointed in accordance with

IDEA;

(4) a foster parent of a child (unless a foster parent is prohibited

by State law from serving as a parent); or

(5) a biological or adoptive parent of a child.