Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 9 - General › Subchapter B - Definitions used in these Regulations › Section XLIII-905 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Adapted Physical Education
-specially
						designed physical education for eligible students with disabilities.
Administrative Law Judge
-an employee of
						the Division of Administrative Law that has the qualifications and authority as
						listed in
						R.S.
						49:994.
Age of Majority
-as defined in
						Louisiana, means 18 years of age.
Alternate Assessment
-see
Bulletin 111
-
The
Louisiana
School
, District, and State Accountability
						System.
Assistive Technology Device
-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
						functional capabilities of a student with a disability. The term does not
						include a medical device that is surgically implanted, or the replacement of
						that device.
Assistive Technology Service
-any
						service that directly assists a student with a disability in the selection,
						acquisition, or use of an assistive technology device. The term
						includes:
1. the evaluation of the needs of a student with a
						disability, including a functional evaluation of the student in the student's
						customary environment;
2. purchasing, leasing, or otherwise providing for the
						acquisition of assistive technology devices by students with
						disabilities;
3. selecting, designing, fitting, customizing, adapting,
						applying, maintaining, repairing, or replacing assistive technology
						devices;
4. coordinating and using other therapies, interventions,
						or services with assistive technology devices, such as those associated with
						existing educational and rehabilitation plans and programs;
5. training or technical assistance for a student with a
						disability, or, if appropriate, that student's family; and
6. training or technical assistance for professionals
						(including individuals providing education or rehabilitation services),
						employers, or other individuals who provide services to, employ, or are
						otherwise substantially involved in the major life functions of that
						student.
At No Cost
-see
Special
						Education
.
Audiology
-see
Related
						Services
.
Autism
-see
Student with a
						Disability
.
Business Day
-see
Day
.
Certificate of Achievement
-
1. An exit document issued to a student with a disability
						after he or she has achieved certain competencies and has met specified
						conditions as listed below. The receipt of a certificate of achievement shall
						not limit a student's continuous eligibility for services under these
						regulations unless the student has reached the age of 22.
a. The student has a disability under the mandated
						criteria.
b. The student has participated in LEAP Alternate
						Assessment (LAA).
c. The student has completed at least 12 years of school
						or has reached the age of 22 (not to include students younger than 16).
d. The student has met attendance
						requirements
.
e. The student has addressed the general education
						curriculum as reflected on the student's IEP.
f. Transition planning for the student has been completed
						and documented.
Change of Placement
-see
						§116 and
						§536 of these
						regulations.
Charter School
-the term in section
						5210(1) of the Elementary and Secondary Education Act of 1965, as amended,
						20 U.S.C.
						6301
et seq.
Child Find-
see
						§111 of these
						regulations.
Child with a Disability
- see
Student with a Disability
.
Consent
-that:
1. the parent has been fully informed of all information
						relevant to the activity for which consent is sought, in his or her native
						language or other mode of communication;
2. the parent understands and agrees in writing to the
						carrying out of the activity for which his or her consent is sought; the
						consent describes that activity and lists the records (if any) that will be
						released and to whom; and
3.
a. the parent understands that the granting of consent is
						voluntary on the part of the parent and may be revoked at any time.
b. If a parent revokes consent, that revocation is not
						retroactive (i.e., does not negate an action that has occurred after the
						consent had been given and before the consent was revoked).
c. if the parent revokes consent in writing for his/her
						child's receipt of special education and related services, the public agency is
						not required to amend the student's education records to remove any references
						to the student's receipt of special education and related services because of
						the revocation.
Controlled Substance
-refer to
						§530. I.1 of these regulations.
Core Academic Subjects-
English, reading
						or language arts, mathematics, science, foreign languages, civics and
						government, economics, arts, history, and geography.
Counseling Services
-see
Related
						Services
.
Day; Business Day; School Day
-
1.
Day-
calendar day unless otherwise
						indicated as business day or school day.
2.
Business day-
Monday through Friday,
						except for Federal and State holidays (unless holidays are specifically
						included in the designation of business day, as in §148D1b.
3.
a.
School Day-
any day, including a
						partial day that students are in attendance at school for instructional
						purposes.
b. School day has the same meaning for all students in
						school, including students with and without disabilities.
Deaf-Blindness
-see
Student with
						a Disability
.
Deafness
-see
Student with
						a
Disability
.
Developmental Delay
-see
Student
						with a Disability
.
Disability
-see
Student with a
						Disability
.
Division of Administrative Law
-the
						independent state agency that conducts administrative hearings and renders
						decisions regarding state and federal law.
Due Process
-see Chapter 5 of these
						regulations.
Early Identification and Assessment of
						Disabilities in Students
-see
Related Services
.
Early Intervening Services
-see
						§226
Early Resolution Process (ERP)
-a
						systematic informal process for dispute resolution available prior to or in
						connection with State Administrative Complaints in accordance with
						§151-153
Educational Service Agency
-
1. A regional public multiservice agency:
a. authorized by State law to develop, manage, and
						provide services or programs to LEAs;
b. recognized as an administrative agency for purposes of
						the provision of special education and related services provided within public
						elementary schools and secondary schools of the state.
2. This definition includes any other public institution
						or agency having administrative control and direction over a public elementary
						schools or secondary school; and
3. includes entities that meet the definition of an
						intermediate educational unit in section 602(23) of the IDEA as in effect prior
						to June 4, 1997.
Elementary School
-a nonprofit
						institutional day or residential school, including a public elementary charter
						school, that provides elementary education, as determined under State
						law.
Emotional Disturbance
-see
Student with a Disability
.
Equipment
-
1. machinery, utilities, built-in equipment, and any
						necessary enclosures or structures to house the machinery, utilities, or
						equipment; and
2. all other items necessary for the functioning of a
						particular facility as a facility for the provision of educational services,
						including items such as instructional equipment and necessary furniture;
						printed, published and audio-visual instructional materials;
						telecommunications, sensory, and other technological aids and devices; and
						books, periodicals, documents, and other related materials.
Evaluation
-procedures used in
						accordance with
						§305 to
						determine whether a student has a disability and the nature and extent of the
						special education and related services that the student needs.
Extended School Year (ESY) Services
-see
						§106 of these
						regulations.
Excess Costs
-those costs that are in
						excess of the average annual per student expenditure in a LEA during the
						preceding school year for an elementary or secondary school student, as may be
						appropriate, and that shall be computed after deducting:
1. amounts received:
a. under part B of the IDEA;
b. under part A of Title I of the ESEA; and
c. under parts A and B of Title III of the ESEA;
						and
2. any state or local funds expended for programs that
						would qualify for assistance under any of the parts described in Paragraph 1.
						This definition, but excluding any amounts for capital outlay or debt service.
						(See Appendix A to the IDEA for an example of how excess costs shall be
						calculated.)
Free Appropriate Public Education
or
FAPE
-special education and related services that:
1. are provided at public expense, under public
						supervision and direction, and without charge;
2. meet the standards of the LDE; including the
						requirements of these regulations;
3. include an appropriate preschool, elementary school,
						or secondary school education in the state; and
4. are provided in conformity with an Individualized
						Education Program (IEP) that meets the requirement of §320
Foster Parent
-see
Parent.
Hearing Impairment
- Repealed.
Highly Qualified Special Education
						Teachers
-
1. Requirements for Special Education Teachers Teaching
						Core Academic Subjects. For any public elementary or secondary school special
						education teacher teaching core academic subjects, the term
highly
						qualified
has the meaning given the term in section 9101 of the ESEA
						and  34
						CFR 200.56, except that the requirements for
						highly qualified also:
a. include the requirements described in Paragraph 2 of
						this definition; and
b. include the option for teachers to meet the
						requirements of section 9101 of the ESEA by meeting the requirements of
						Paragraphs 3 and 4 of this definition.
2. Requirements for Special Education Teachers in
						General
a. When used with respect to any public elementary school
						or secondary school special education teacher teaching in the state, highly
						qualified requires that:
i. the teacher has obtained full state certification as a
						special education teacher (including certification obtained through alternative
						routes to certification), or passed the state special education teacher
						licensing examination, and holds a license to teach in the state as a special
						education teacher, except that when used with respect to any teacher teaching
						in a public charter school, highly qualified means that the teacher meets the
						certification or licensing requirements, if any, set forth in the state's
						public charter school law;
ii. the teacher has not had special education
						certification or licensure requirements waived on an emergency, temporary, or
						provisional basis; and
iii. the teacher holds at least a bachelor's
						degree.
b. A teacher will be considered to meet the standard in
						Clause 2.a.i.of this definition if that teacher is participating in an
						alternative route to special education certification program under which:
i. the teacher:
(a). receives high-quality professional development that
						is sustained, intensive, and classroom-focused in order to have a positive and
						lasting impact on classroom instruction, before and while teaching;
(b). participates in a program of intensive supervision
						that consists of structured guidance and regular ongoing support for teachers
						or a teacher mentoring program;
(c). assumes functions as a teacher only for a specified
						period of time not to exceed three years; and
(d). demonstrates satisfactory progress toward full
						certification as prescribed by the state; and
ii. the state ensures, through its certification and
						licensure process, that the provisions in Clause 2.b.i of this definition are
						met.
c. Any public elementary school or secondary school
						special education teacher teaching in a State, who is not teaching a core
						academic subject, is highly qualified if the teacher meets the requirements in
						Subparagraph 2.a or the requirements in Clause 2.a.iii and Subparagraph 2.b of
						this definition.
3. Requirements for Special Education Teachers Teaching
						to Alternate Achievement Standards. When used with respect to a special
						education teacher who teaches core academic subjects exclusively to students
						who are assessed against alternate achievement standards established under
						34
						CFR 200.1(d), highly
						qualified means the teacher, whether new or not new to the profession, may
						either:
a. meet the applicable requirements of section 9101 of
						the ESEA and
						 34 CFR
						200.56  for any elementary, middle, or
						secondary school teacher who is new or not new to the profession; or
b. meet the requirements of paragraph (B) or (C) of
						section 9101(23) of the ESEA as applied to an elementary school teacher, or, in
						the case of instruction above the elementary level, meet the requirements of
						paragraph (B) or (C) of section 9101(23) of the ESEA as applied to an
						elementary school teacher and have subject matter knowledge appropriate to the
						level of instruction being provided and needed to effectively teach to those
						standards, as determined by the state.
4. Requirements for Special Education Teachers Teaching
						Multiple Subjects. Subject to Paragraph 5 of this Subsection, when used with
						respect to a special education teacher who teaches two or more core academic
						subjects exclusively to students with disabilities, highly qualified means that
						the teacher may either:
a. meet the applicable requirements of section 9101 of
						the ESEA and
						 34 CFR
						200.56(b) or (c) ;
b. in the case of a teacher who is not new to the
						profession, demonstrate competence in all the core academic subjects in which
						the teacher teaches in the same manner as is required for an elementary,
						middle, or secondary school teacher who is not new to the profession under
						  34 CFR
						200.56(c)   which may include
						a single, high objective uniform State standard of evaluation (HOUSSE) covering
						multiple subjects; or
c. in the case of a new special education teacher who
						teaches multiple subjects and who is highly qualified in mathematics, language
						arts, or science, demonstrate, not later than two years after the date of
						employment, competence in the other core academic subjects in which the teacher
						teaches in the same manner as is required for an elementary, middle, or
						secondary school teacher under
						34 CFR
						200.56(c), which may include
						a single HOUSSE covering multiple subjects.
5. Separate HOUSSE standards for special education
						teachers. T he State has developed a HOUSSE, which is found in
Bulletin
						111
-
The Louisiana School, District, and State Accountability
						System
, which does not establish a lower standard for the content
						knowledge requirements for special education teachers and meets all the
						requirements for a HOUSSE for regular education teachers:
a. the state may develop a separate HOUSSE for special
						education teachers; and
b. the standards described in Paragraph E.1 of this
						definition may include single HOUSSE evaluations that cover multiple
						subjects.
6. Rule of Construction. Notwithstanding any other
						individual right of action that a parent or student may maintain under these
						regulations, nothing in these regulations shall be construed to create a right
						of action on behalf of an individual student or class of students for the
						failure of a particular state or LEA employee to be highly qualified, or to
						prevent a parent from filing a complaint under §151-153 about staff
						qualifications with the state as provided for under these regulations.
7. Applicability of Definition to ESEA; and Clarification
						of New Special Education Teacher
a. A teacher who is highly qualified under this section
						is considered highly qualified for purposes of the ESEA.
b. For purposes of Paragraph D.3 of this definition, a
						fully certified regular education teacher who subsequently becomes fully
						certified or licensed as a special education teacher is a new special education
						teacher when first hired as a special education teacher.
8. Private School Teachers Not Covered
.
The requirements in this section do not apply to teachers hired by private
						elementary schools and secondary schools including private school teachers
						hired or contracted by LEAs to provide equitable services to parentally-placed
						private school students with disabilities under §138
Homeless Students
-has the meaning given
						the term homeless students and youths in section 725 (42 U.S.C.
						11434 a) of the McKinney-Vento Homeless
						Assistance Act, as amended,
						42 U.S.C.
						11431 et seq.
Illegal Drug-
see § 530. I of these
						regulations.
Include
-that the items named are not
						all of the possible items that are covered, whether like or unlike the one
						named.
Indian and Indian Tribe
-
1.
Indian-
an individual who is a member
						of an Indian tribe.
2.
Indian Tribe
-any Federal or State
						Indian tribe, band, rancheria, pueblo, colony, or community, including any
						Alaska Native village or regional village corporation (as defined in or
						established under the Alaska Native Claims Settlement Act,
						43 U.S.C.
						1601 et seq.).
3. Nothing in this definition is intended to indicate
						that the Secretary of the Interior is required to provide services or funding
						to a State Indian tribe that is not listed in the Federal Register list of
						Indian entities recognized as eligible to receive services from the United
						States, published pursuant to
						Section
						104 of the Federally
						Recognized Indian Tribe List Act of 1994,
						25
						U.S.C. 479a-1.
Independent Educational Evaluation
						(IEE)
-see
						§503 of these
						regulations.
Individual Education Plan
						Facilitation
-an alternative dispute resolution method developed by the
						LDE. This option is available to parents and school districts when both agree
						that it would be valuable to have a neutral person (IEP Facilitator) present at
						an IEP meeting to assist them in discussing issues regarding an IEP. The role
						of the IEP Facilitator is to assist in creating an atmosphere for fair
						communication and the successful drafting of an IEP for the student. Either
						parent or district can request IEP Facilitation; however, since the process is
						voluntary, both sides shall agree to participate in the IEP facilitation
						process. Like mediation, the IEP facilitation is initiated by request to the
						LDE, and is at no cost to the parents or districts.
Individualized Education Program or
						IEP
-a written statement for a student with a disability that is
						developed, reviewed, and revised in accordance with §320
Individualized education program team
or
IEP Team
-a group of individuals described in
						§
												321 of these regulations that
						is responsible for developing, reviewing, or revising an IEP for a student with
						a disability.
Individualized Family Service Plan
						(IFSP)
-a written plan for providing early intervention services for
						infants and toddlers and their families who are eligible under part C of
						IDEA.
Infant or Toddler with a
						Disability
-
1. an individual under three years of age who needs early
						intervention services because the individual:
a. is experiencing developmental delays, as measured by
						appropriate diagnostic instruments and procedures in one or more of the areas
						of cognitive development, physical development, communication development,
						social or emotional development, and adaptive development; or
b. has a diagnosed physical or mental condition that has
						a high probability of resulting in developmental delay; and
2. may also include, at the state's discretion:
a. at-risk infants and toddlers; and
b. students with disabilities who are eligible for
						services under
						section
						619 and who previously
						received services under part C of the IDEA until such students enter or are
						eligible under State law to enter kindergarten or elementary school, as
						appropriate, provided that any programs under part C of the IDEA serving such
						students shall include:
i. an educational component that promotes school
						readiness and incorporates pre-literacy, language, and numeracy skills;
						and
ii. a written notification to parents of their rights and
						responsibilities in determining whether their child will continue to receive
						services under part C of the IDEA or participate in preschool programs under
						section 619
Institution of Higher Education-
has
						the meaning given the term in
						section
						101 of the Higher Education
						Act of 1965, as amended,
						20
						U.S.C. 1021
et seq.
(HEA).
Intellectual Disability
-see
student with a disability
.
Interagency Agreement
-an operational
						statement between two or more parties or agencies that describes a course of
						action to which the agencies are committed. The statement shall be consistent
						with the mandatory provision of §154
Interim Alternative Educational
						Setting
-see
						§530 of these
						regulations.
Interpreting Services
-see
Related Services
.
Least Restrictive Environment
-the
						educational placement of a student with a disability in a manner consistent
						with the Least Restrictive Environment Requirements in
						§115 of these
						regulations.
Limited English Proficient-
the meaning
						given the term in section 9101(25) of the ESEA.
Local Education Agency or LEA
-
1. General. Local Education Agency or LEA-a public board
						of education or other public authority legally constituted within the state for
						either administrative control or direction of or to perform a service function
						for public elementary schools or secondary schools in a city, parish, school
						district, or other political subdivision of the state or for a combination of
						school districts or parishes as are recognized in the state as an
						administrative agency for its public elementary or secondary schools.
2. Educational Service Agencies and Other Public
						Institutions or Agencies. The term includes:
a. an educational service agency, as defined this
						section; and
b. any other public institution or agency having
						administrative control and direction of a public elementary or secondary
						school, including a public nonprofit charter school that is established as an
						LEA under state law.
3. BIA Funded Schools. The term includes an elementary
						school or secondary school funded by the Bureau of Indian Affairs, and not
						subject to the jurisdiction of any SEA other than the Bureau of Indian Affairs,
						but only to the extent that the inclusion makes the school eligible for
						programs for which specific eligibility is not provided to the school in
						another provision of law and the school does not have a student population that
						is smaller than the student population of the LEA receiving assistance under
						the IDEA with the smallest student population.
Maintenance of Effort
-see
						§204 of these
						regulations.
Manifestation Determination Review
-see
						§530. E of these regulations.
Medical Services
-see
Related
						Services
.
Mental Disability
-see
Student
						with a Disability
.
Multiple Disabilities
-see
Student with a Disability
.
Native Language
-
1. When used with respect to an individual who is limited
						English proficient, has the following meaning:
a. the language normally used by that individual, or in
						the case of a student, the language normally used by parents of the student,
						except as provided in Paragraph A.2 of this definition.
b. In all direct contact with the student, (including the
						evaluation of the student), the language is the one normally used by the
						student in the home or learning environment.
2. For an individual with deafness or blindness, or for
						an individual with no written language, the mode of communication is that
						normally used by the individual (such as sign language, Braille, or oral
						communication).
Occupational Therapy
-see
Related Services
.
Orientation and Mobility Training
-see
Related Services
.
Orthopedic Impairment
-see
Student with a Disability
.
Other Health Impairment
-see
Student with a Disability
.
Paraprofessional
-is a person who
						assists in the delivery of special educational services under the supervision
						of a special education teacher or other professional who has the responsibility
						for the delivery of special education services to students with disabilities
						and who meets all state and federal requirements to serve as a
						paraprofessional.
Parent
-
1.
a. a biological, or adoptive parent of a child;
b. a foster parent;
c. a guardian generally authorized to act as the
						student's parent, or authorized to make educational decisions for the student,
						but not the state if the student is a ward of the state;
d. an individual acting in the place of a biological or
						adoptive parent (including a grandparent, or stepparent or other relative) with
						whom the student lives, or an individual who is legally responsible for the
						student's welfare; or
e. a surrogate parent who has been appointed in
						accordance with §519
2.
a. Except as provided in Subparagraph 2.b of this
						definition, the biological or adoptive parent, when attempting to act as the
						parent under these regulations and when more than one party is qualified under
						Paragraphs 1 through 5 of this definition to act as a parent, shall be presumed
						to be the parent for purposes of this definition unless the biological or
						adoptive parent does not have legal authority to make educational decisions for
						the student.
b. If a judicial decree or order identifies a specific
						person or persons under Paragraphs A.1 through 4 of this definition to act as
						the "parent" of a student or to make educational decisions on behalf of a
						student, then such person or persons shall be determined to be the parent for
						purposes of this definition, except that an employee of a public agency that
						provides education or care for a student may not act as the parent pursuant to
						§519
Parent Counseling and Training
-see
Related Services
.
Parent Training and Information Center or
						Community Parent Resource Center or Organization
-a private nonprofit
						organization (other than an institution of higher education) that has a board
						of directors the majority of whom are parents of students with disabilities
						ages birth through 26, that includes individuals working in the fields of
						special education, related services, and early intervention; and individuals
						with disabilities; and the parent and professional members of which are broadly
						representative of the population to be served, including low-income parents and
						parents of limited English proficient students; and has as its mission serving
						families of students with disabilities who are ages birth through 26; and have
						the full range of disabilities described in section 602(3) of the IDEA.
Personally Identifiable
-means
						information that contains:
1. the name of the student, the student's parent, or
						other family member;
2. the address of the student;
3. a personal identifier, such as the student's social
						security number or student number; or
4. a list of personal characteristics or other
						information that would make it possible to identify the student with reasonable
						certainty.
Physical Education
-see
Special
						Education
, Subparagraph 2.b and §108
Physical Therapy
-see
Related
						Services
.
Prior Notice
-see
						§504 of these
						regulations.
Psychological Services
-see
Related Services
.
Public Agency
-includes the state, LEAs,
						ESAs, nonprofit public charter schools that are not otherwise included as LEAs
						or ESAs and are not a school of an LEA or ESA, and any other political
						subdivisions of the state that are responsible for providing education to
						students with disabilities.
Recreation
-see
Related
						Services
.
Rehabilitation Counseling
-see
Related Services
.
Related Services
-
1. General.
Related Services
-
						transportation and such developmental, corrective, and other supportive
						services as are required to assist a student with a disability to benefit from
						special education, and includes speech language pathology and audiology
						services, interpreting services, psychological services, physical and
						occupational therapy, recreation, including therapeutic recreation, early
						identification and assessment of disabilities in students, counseling services,
						including rehabilitation counseling, orientation and mobility services, and
						medical services for diagnostic or evaluation purposes. Related services also
						include school health services and school nurse services, social work services
						in schools, and parent counseling and training.
2. Exception; Services that Apply to Students with
						Surgically Implanted Devices, Including Cochlear Implants
a. Related services do not include a medical device that
						is surgically implanted, the optimization of that device's functioning (e.g.,
						mapping), maintenance of that device, or the replacement of that device.
b. Nothing in Subparagraph 2.a of this definition:
i. limits the right of a student with a surgically
						implanted device (e.g., cochlear implant) to receive related services (as
						listed in paragraph A of this section) that are determined by the IEP Team to
						be necessary for the student to receive FAPE.
ii. limits the responsibility of a public agency to
						appropriately monitor and maintain medical devices that are needed to maintain
						the health and safety of the student, including breathing, nutrition, or
						operation of other bodily functions, while the student is transported to and
						from school or is at school; or
iii. prevents the routine checking of an external
						component of a surgically implanted device to make sure it is functioning
						properly, as required in §113. B
3. Individual Related Services Terms Defined. The terms
						used in this definition are defined as follows:
a.
Audiology
- includes:
i. identification of students with hearing loss;
ii. determination of the range, nature, and degree of
						hearing loss, including referral for medical or other professional attention
						for the habilitation of hearing;
iii. provision of habilitative activities, such as
						language habilitation, auditory training, speech reading (lipreading), hearing
						evaluation, and speech conservation;
iv. creation and administration of programs for
						prevention of hearing loss;
v. counseling and guidance of students, parents, and
						teachers regarding hearing loss; and
vi. determination of student's needs for group and
						individual amplification, selecting and fitting an appropriate aid, and
						evaluating the effectiveness of amplification.
b.
Counseling Services
-services provided
						by qualified social workers, psychologists, school counselors, or other
						qualified personnel.
c.
Early Identification and Assessment of
						Disabilities in Students
- the implementation of a formal plan for
						identifying a disability as early as possible in a student's life.
d.
Interpreting Services
-include:
i. the following, when used with respect to students who
						are deaf or hard of hearing:
(a). oral transliteration services,
(b). cued language transliteration services,
(c). sign language transliteration and interpreting
						services, and transcription services, such as communication access real-time
						translation (CART), C-Print, and TypeWell; and
ii. special interpreting services for students who are
						deaf-blind.
e.
Medical Services
- services provided by
						a licensed physician to determine a student's medically related disability that
						results in the student's need for special education and related
						services.
f.
Occupational Therapy-
services provided
						by a qualified occupational therapist; and
i. includes:
(a). improving, developing, or restoring functions
						impaired or lost through illness, injury, or deprivation;
(b). improving ability to perform tasks for independent
						functioning if functions are impaired or lost; and
(c). preventing, through early intervention, initial or
						further impairment or loss of function.
g.
Orientation and Mobility Services
-
						services provided to blind or visually impaired students by qualified personnel
						to enable those students to attain systematic orientation to and safe movement
						within their environments in school, home, and community; and
i. includes teaching students the following, as
						appropriate:
(a). spatial and environmental concepts and use of
						information received by the senses (such as sound, temperature, and vibrations)
						to establish, maintain, or regain orientation and line of travel (e.g., using
						sound at a traffic light to cross the street);
(b). to use the long cane or a service animal to
						supplement visual travel skills or as a tool for safely negotiating the
						environment for students with no available travel vision;
(c). to understand and use remaining vision and distance
						low vision aids; and
(d). other concepts, techniques, and tools.
h.
Parent Counseling and Training
-
i. assisting parents in understanding the special needs
						of their child;
ii. providing parents with information about child
						development; and
iii. helping parents to acquire the necessary skills that
						will allow them to support the implementation of their child's IEP or
						IFSP.
i.
Physical Therapy-
services provided by
						a qualified physical therapist.
j.
Psychological Services
-include:
i. administering psychological and educational tests, and
						other assessment procedures;
ii. interpreting assessment results;
iii. obtaining, integrating, and interpreting information
						about child behavior and conditions relating to learning;
iv. consulting with other staff members in planning
						school programs to meet the special educational needs of students as indicated
						by psychological tests, interviews, direct observation, and behavioral
						evaluations;
v. planning and managing a program of psychological
						services, including psychological counseling for students and parents;
						and
vi. assisting in developing positive behavioral
						intervention strategies.
k.
Recreation
- includes:
i. assessment of leisure function;
ii. therapeutic recreation services;
iii. recreation programs in schools and community
						agencies; and
iv. leisure education.
l.
Rehabilitation Counseling Services
-
						services provided by qualified personnel in individual or group sessions that
						focus specifically on career development, employment preparation, achieving
						independence, and integration in the workplace and community of a student with
						a disability. The term also includes vocational rehabilitation services
						provided to a student with a disability by vocational rehabilitation programs
						funded under the Rehabilitation Act of 1973, as amended,
						29 U.S.C.
						701 et seq.
m.
School Health Services and School Nurse
						Services-
health services that are designed to enable a student with a
						disability to receive FAPE as described in the student's IEP. School nurse
						services are services provided by a qualified school nurse. School health
						services are services that may be provided by either a qualified school nurse
						or other qualified person.
n.
Social Work Services in
						Schools
-include:
i. preparing a social or developmental history on a
						student with a disability;
ii. group and individual counseling with the student and
						family;
iii. working in partnership with parents and others on
						those problems in a student's living situation (home, school, and community)
						that affect the student's adjustment in school;
iv. mobilizing school and community resources to enable
						the student to learn as effectively as possible in his or her educational
						program; and
v. assisting in developing positive behavioral
						intervention strategies.
o. Speech-language pathology services include:
i. identification of students with speech or language
						impairments;
ii. diagnosis and appraisal of specific speech or
						language impairments;
iii. referral for medical or other professional attention
						necessary for the habilitation of speech or language impairments;
iv. provision of speech and language services for the
						habilitation or prevention of communicative impairments; and
v. counseling and guidance of parents, students, and
						teachers regarding speech and language impairments.
p. Transportation-includes:
i. travel to and from school and between schools;
ii. travel in and around school buildings; and
iii. specialized equipment (such as special or adapted
						buses, lifts, and ramps), if required to provide special transportation for a
						student with a disability.
Recreation
-see
Related
						Services
.
Response to Intervention
-see §308
School Building Level Committee
-see
Bulletin 741
-
The School Administrator's
						Handbook
.
School Day
-see
Day.
School Health Services
-see
Related Services
.
Scientifically Based Research
-
						research that involves the application of rigorous, systematic, and objective
						procedures to obtain reliable and valid knowledge relevant to education
						activities and programs; and includes research that:
1. employs systematic, empirical methods that draw on
						observation or experiment;
2. involves rigorous data analyses that are adequate to
						test the stated hypotheses and justify the general conclusions drawn;
3. relies on measurements or observational methods that
						provide reliable and valid data across evaluators and observers, across
						multiple measurements and observations, and across studies by the same or
						different investigators;
4. is evaluated using experimental or quasi-experimental
						designs in which individuals, entities, programs, or activities are assigned to
						different conditions and with appropriate controls to evaluate the effects of
						the condition of interest, with a preference for random-assignment experiments,
						or other designs to the extent that those designs contain within-condition or
						across-condition controls;
5. ensures that experimental studies are presented in
						sufficient detail and clarity to allow for replication or, at a minimum, offer
						the opportunity to build systematically on their findings; and
6. has been accepted by a peer-reviewed journal or
						approved by a panel of independent experts through a comparably rigorous,
						objective, and scientific review.
Secondary School
-a nonprofit
						institutional day or residential school, including a public secondary charter
						school that provides secondary education, as determined under state law, except
						that it does not include any education beyond grade 12.
Secretary-
the U. S. Secretary of
						Education.
Serious Bodily Injury
-see §530. I of these regulations.
Services Plan
-a written statement that
						describes the special education and related services the LEA will provide to a
						parentally-placed student with a disability enrolled in a private school who
						has been designated to receive services, including the location of the services
						and any transportation necessary, consistent with § 132, and is developed
						and implemented in accordance with §137
Social Work Services in Schools
-see
Related Services
.
Specially Designed Instruction
-see
Special Education
.
Special Education
-
1. General
a.
Special Education
- specially designed
						instruction, at no cost to the parent, to meet the unique needs of the student
						with a disability, including:
i. instruction conducted in the classroom, in the home,
						in hospitals and institutions, and in other settings; and
ii. instruction in physical education.
b. Special education includes each of the following, if
						the services otherwise meet the requirements of Paragraph 1 of this Subsection:
i. speech-language pathology services, or any other
						related service, if the service is considered special education rather than a
						related service under State standards;
ii. travel training; and
iii. vocational education
2. Individual Special Education Terms Defined. The terms
						in this definition are defined as follows.
a.
At No Cost
-that all specially-designed
						instruction is provided without charge, but does not preclude incidental fees
						that are normally charged to non-disabled students or their parents as a part
						of the regular education program.
b.
Physical Education
-
i. the development of:
(a). physical and motor fitness;
(b). fundamental motor skills and patterns; and
(c). skills in aquatics, dance, and individual and group
						games and sports (including intramural and lifetime sports); and
ii. includes special physical education, adapted physical
						education, movement education, and motor development.
c.
Specially Designed
						Instruction
-adapting, as appropriate to the needs of an eligible
						student under these regulations, the content, methodology, or delivery of
						instruction:
i. to address the unique needs of the student that result
						from the student's disability; and
ii. to ensure access of the student to the general
						curriculum, so that the student can meet the educational standards within the
						jurisdiction of the public agency that apply to all students.
d.
Travel Training
-providing instruction,
						as appropriate, to students with significant cognitive disabilities, and any
						other students with disabilities who require this instruction, to enable them
						to:
i. develop an awareness of the environment in which they
						live; and
ii. learn the skills necessary to move effectively and
						safely from place to place within that environment (e.g., in school, in the
						home, at work, and in the community).
e. Vocational education-organized educational programs
						that are directly related to the preparation of individuals for paid or unpaid
						employment, or for additional preparation for a career not requiring a
						baccalaureate or advanced degree.
Specific Learning Disability
-see
Student with a Disability.
Speech or Language Impairment
-see
Student with a Disability.
Speech or Language Pathology
-see
Related Services
.
State
-the state of Louisiana.
State Educational Agency
or the
SEA
-the Louisiana Department of Education (LDE), governed by
						the State Board of Elementary and Secondary Education, both of which are
						responsible for the state supervision of public elementary and secondary
						schools.
Student with a Disability
-
1. General:
a.
student with a disability
- a student
						evaluated in accordance with
						§305 of these
						regulations and determined as having an intellectual disability, a speech or
						language impairment, a visual impairment (including blindness), a serious
						emotional disturbance (referred to in these regulations as "emotional
						disturbance"), an orthopedic impairment, autism, traumatic brain injury, an
						other health impairment, a specific learning disability, hearing disabilities,
						deaf-blindness, or multiple disabilities, and who, by reason thereof, needs
						special education and related services;
b.
i. Subject to Clause 1.b.ii of this definition, if it is
						determined, through an appropriate evaluation under
						§305 through
						308, that a student has one of the disabilities identified in Subparagraph 1.a
						of this definition, but only needs a related service and not special education,
						the student is not a student with a disability under these regulations.
(a). If, consistent with Subparagraph 1.b in the
						definition of
special education
in this section, the related
						service required by the student is considered special education rather than a
						related service under state standards, the student would be determined to be a
						student with a disability under Subparagraph 1.a of this definition.
2. Students aged three through eight experiencing
						developmental delays. Student with a disability for students aged three through
						eight, may, subject to the conditions described in §111 B, include a
						student:
a. who is experiencing developmental delays, as measured
						by appropriate diagnostic instruments and procedures, in one or more of the
						following areas: physical development, cognitive development, communication
						development, social or emotional development, or adaptive development;
						and
b. who, by reason thereof, needs special education and
						related services.
3. Definitions of
Disability Terms.
The
						terms used in this definition of a student with a disability are defined as
						follows:
a.
i.
Autism-
a developmental disability
						significantly affecting verbal and nonverbal communication and social
						interaction, generally evident before age three, that adversely affects a
						student's educational performance. Other characteristics often associated with
						autism are engagement in repetitive activities and stereotyped movements,
						resistance to environmental change or change in daily routines, and unusual
						responses to sensory experiences.
ii. Autism does not apply if a student's educational
						performance is adversely affected primarily because the student has an
						emotional disturbance, as defined in Subparagraph 3.d of this
						definition.
iii. A student who manifests the characteristics of
						autism after age three could be identified as having autism if the criteria in
						Clause 3.a.i of this definition are satisfied.
b.
Deaf-Blindness-
concomitant hearing and
						visual impairments, the combination of which causes such severe communication
						and other developmental and educational needs that they cannot be accommodated
						in special education programs solely for students with deafness or students
						with blindness.
c.
deafness
- a hearing loss that is so
						severe that the student is disabled in processing linguistic information
						through hearing, with or without amplification that adversely affects a
						students educational performance;
d.
i.
Emotional Disturbance-
a condition
						exhibiting one or more of the following characteristics over a long period of
						time and to a marked degree that adversely affects a student's educational
						performance:
(a). an inability to learn that cannot be explained by
						intellectual, sensory, or health factors;
(b). an inability to build or maintain satisfactory
						interpersonal relationships with peers and teachers;
(c). inappropriate types of behavior or feelings under
						normal circumstances;
(d). a general pervasive mood of unhappiness or
						depression; and/or
(e). a tendency to develop physical symptoms or fears
						associated with personal or school problems.
ii. Emotional disturbance includes schizophrenia. The
						term does not apply to students who are socially maladjusted, unless it is
						determined that they have an emotional disturbance under Clause 3.d.i of this
						definition.
e.
hard of hearing
- a loss of hearing,
						whether permanent or fluctuating, that adversely affects a students educational
						performance but that is not included under the definition of
deafness
in Subparagraph 3.c above;
f.
Intellectual Disability-
significantly
						sub-average general intellectual functioning, existing concurrently with
						deficits in adaptive behavior and manifested during the developmental period
						that adversely affects a students educational performance.
g.
Multiple Disabilities-
concomitant
						impairments (such as intellectual disability-blindness or intellectual
						disability-orthopedic impairment), the combination of which causes such severe
						educational needs that they cannot be accommodated in special education
						programs solely for one of the impairments. The term
multiple
						disabilities
does not include deaf-blindness. h. - j.i. & ii.
						Disorders not Included. Specific learning disability does not include learning
						problems that are primarily the result of visual, hearing, or motor
						disabilities, of intellectual disability, of emotional disturbance, or of
						environmental, cultural, or economic disadvantage.
h.
Orthopedic Impairment-
a severe
						orthopedic impairment that adversely affects a student's educational
						performance. The term includes impairments caused by a congenital anomaly,
						impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and
						impairments from other causes (e.g., cerebral palsy, amputations, and fractures
						or burns that cause contractures).
i.
Other Health Impairment-
having
						limited strength, vitality, or alertness, including a heightened alertness to
						environmental stimuli, that results in limited alertness with respect to the
						educational environment, that:
i. is due to chronic or acute health problems such as
						asthma, attention deficit disorder or attention deficit hyperactivity disorder,
						diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia,
						nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome;
						and
ii. adversely affects a student's educational
						performance.
j.
Specific Learning Disability
-
i. General
. Specific Learning
						Disability-
a disorder in one or more of the basic psychological
						processes involved in understanding or in using language, spoken or written,
						that may manifest itself in the imperfect ability to listen, think, speak,
						read, write, spell, or to do mathematical calculations, including conditions
						such as perceptual disabilities, brain injury, minimal brain dysfunction,
						dyslexia, and developmental aphasia.
ii. Disorders not Included. Specific learning disability
						does not include learning problems that are primarily the result of visual,
						hearing, or motor disabilities, of mental retardation, of emotional
						disturbance, or of environmental, cultural, or economic disadvantage.
k.
Speech or Language Impairment-
a
						communication disorder, such as stuttering, impaired articulation, a language
						impairment, or a voice impairment, that adversely affects a student's
						educational performance.
l.
Traumatic Brain Injury-
an acquired
						injury to the brain caused by an external physical force, resulting in total or
						partial functional disability or psychosocial impairment, or both, that
						adversely affects a student's educational performance. Traumatic brain injury
						applies to open or closed head injuries resulting in impairments in one or more
						areas, such as cognition; language; memory; attention; reasoning; abstract
						thinking; judgment; problem-solving; sensory, perceptual, and motor abilities;
						psychosocial behavior; physical functions; information processing; and speech.
						Traumatic brain injury does not apply to brain injuries that are congenital or
						degenerative, or to brain injuries induced by birth trauma.
m.
Visual Impairment Including
						Blindness-
an impairment in vision that, even with correction,
						adversely affects a student's educational performance. The term includes both
						partial sight and blindness.
Supplementary Aids and Services
-aids,
						services, and other supports that are provided in regular education classes or
						other education-related settings and in extracurricular and nonacademic
						settings to enable students with disabilities to be educated with non-disabled
						students to the maximum extent appropriate in accordance with §114
Surrogate Parent
-see
Parent
and
						§519 of these
						regulations.
Transition Services
-
1. a coordinated set of activities for a student with a
						disability that:
a. is designed to be within a results oriented process,
						that is focused on improving the academic and functional achievement of the
						student with a disability to facilitate the student's movement from school to
						post-school activities, including post secondary education, vocational
						education, integrated employment (including supported employment), continuing
						and adult education, adult services, independent living, or community
						participation;
b. is based upon the individual student's needs, taking
						into account the student's strengths, preferences and interests and
						includes:
i. instruction;
ii. related services;
iii. community experiences;
iv. the development of employment and other post-school
						adult living objectives; and
v. if appropriate, acquisition of daily living skills and
						provision of a functional vocational evaluation.
2. Transition services for students with disabilities may
						be special education, if provided as specially designed instruction, or related
						services, if required to assist a student with a disability to benefit from
						special education.
Transportation
-see
Related
						Services
.
Traumatic Brain Injury
-see
Student with a Disability
.
Travel Training
-see
Special
						Education
.
Universal Design
-the meaning given the
						term in section 3 of the Assistive Technology Act of 1998, as amended,
						29
						U.S.C. 3002.
Visual Impairment Including
						Blindness
-see
Student with a Disability
.
Vocational Education
- see
Special Education
.
Ward of the State
-
1. General. Subject to Paragraph 1 of this Subsection,
Ward of the State
means a student who is:
a. a foster child;
b. a ward of the state; or
c. in the custody of a public child welfare
						agency.
2. Exception.
Ward of the state
does not
						include a foster child who has a foster parent who meets the definition of
parent
in this Section.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						17:1941 et
						seq.