Definitions

23-1-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) Academic adjustment means modifications to academic requirements, as described in 34 CFR 104.44, to ensure equal educational opportunities. Academic adjustment does not include changes that fundamentally alter the content of academic programs. (2) Americans with Disabilities Act of 1990 or ADA means the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq. (3) Individualized education program or IEP means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the federal Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq. (4) Institution of higher education means a state institution of higher education, as defined in section 23-18-102, or an accredited campus of a state institution of higher education; a private institution of higher education, as defined in section 23-18-102, that receives federal funding; a local district college, as defined in section 23-71-102; or an area technical college, as defined in section 23-60-103. (5) Local education provider means a school district, a charter school authorized pursuant to part 1 of article 30.5 of title 22, an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, a board of cooperative services created and operating pursuant to article 5 of title 22, a public authority or board of education managing a public school in another state, or a facility school approved pursuant to section 22-2-407. (6) Section 504 means section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq. (7) Section 504 plan means a plan established pursuant to section 504 that provides guidance and support for a student with a disability. (8) State education agency means the department of education created in section 24-1-115 or an agency primarily responsible for the state supervision of public elementary schools and secondary schools in another state. (9) Student with a disability means an admitted or an enrolled student who meets the definition of an individual with a disability pursuant to the federal Americans with Disabilities Act of 1990 or pursuant to section 504. Source: L. 2025: Entire part added, (SB 25-087), ch. 85, p. 353, � 2, effective August 6.