Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 19 - General › Section XLIII-1904 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Age of Majority-
eighteen years of
					 age.
At No Cost-
all specially designed
					 instruction is provided without charge, but does not preclude incidental fees
					 that are normally charged to regular education students or their parents as a
					 part of the regular educational program.
Business Day
-see
Day
.
Child Find-
see
					 §1107 of
					 these regulations.
Combination Self-Contained and Resource
					 Classroom-
an alternative education placement in which the same teacher
					 provides special education instruction for students who receive instruction in
					 various special education alternative placements. These placements may include
					 self-contained, resource, and regular class.
Confidentiality of Information-
involves
					 the storage, disclosure to third parties, retention and destruction of
					 personally identifiable information.
Consent-
the parent:
1. 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. understands and agrees in writing to the carrying out of
					 activity for which his or her consent is sought, and the consent describes that
					 activity and lists the records (if any) that will be released and to whom;
					 and
3. understands that the granting of consent is
					 voluntary.
Counseling Services
-
services provided by qualified social workers, psychologists, guidance
					 counselors, or otherwise qualified personnel.
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).
3.
School Day-
any day, including a partial
					 day that students are in attendance at school for instructional purposes.
					 School day has the same meaning for all students in school, including students
					 with and without exceptionalities.
Destruction-
physical destruction or
					 removal of personal identifiers from information so that the information is no
					 longer personally identifiable.
Due Process-
see Chapter 15 of these
					 regulations.
Early Resolution Process (ERP)-
a
					 systematic informal process for dispute resolution available prior to or in
					 connection with state administrative complaints in accordance with
					 §1151 of
					 these regulations.
Education Records-
the type of records
					 covered under the definition of "education records" in  34 CFR part 99  (the
					 regulations implementing the Family Educational Rights and Privacy Act of
					 1974).
Elementary School-
a nonprofit
					 institutional day or residential school, including a public elementary charter
					 school, that provides elementary education, as determined under state
					 law.
Evaluation-
procedures used in accordance
					 with Bulletin 1508 to determine whether a student has an exceptionality and the
					 nature and extent of the special education and related services that the
					 student needs.
Free Appropriate Public Education
					 (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;
3. include preschool, elementary school, or secondary
					 school education in the state; and
4. are provided in conformity with an Individualized
					 Education Program (IEP) that meet the requirements of these regulations.
Foster Parent
-see
Parent.
Gifted
- children or youth who demonstrate
					 abilities that give evidence of high performance in academic and intellectual
					 aptitude according to Bulletin 1508.
Highly Qualified Special Education
					 Teachers
-refer to Bulletin 746.
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.
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 team
					 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 document for each gifted or talented student
					 developed, reviewed, and revised in a meeting in accordance with
					 §1320-1325
Individualized Education Program Team
or
IEP Team-
a group of individuals described in
					 §1321 of
					 these regulations that is responsible for developing, reviewing, or revising an
					 IEP for a student with an exceptionality.
Instruction in Regular Class-
an
					 alternative education placement for eligible gifted and talented students who
					 receive special education and related services less than 21 percent of the
					 school day outside the regular classroom.
Least Restrictive Environment-
an
					 environment that allows for depth and breadth of curricula appropriate for the
					 gifted or talented student as determined by the IEP team.
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 in 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.
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).
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 §1519
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 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 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 §1519
Personally
										Identifiable
-information includes:
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.
Prior Notice-
see
										§1503 of
										these regulations.
Pupil Appraisal
										Personnel-
personnel who meet the certification requirements for school
										personnel for such positions and who are responsible for the delivery of pupil
										appraisal services included in Bulletin 1508.
Qualified
										Personnel-
personnel who have met state approved or recognized
										certification, licensing, registration, or other comparable requirements that
										apply to the area in which the individuals are providing special education and
										related services.
Related
										Services-
transportation and counseling needed to assist gifted and
										talented students to benefit from special education:
1. transportation-services provided to and
										from school and /or from one school to another during the school day for the
										provision of gifted or talented services;
2. counseling-services provided by qualified
										personnel.
Resource Center
-an
										instructional setting in which Gifted and Talented students from two or more
										schools receive services. The pupil/ teacher ratio shall be consistent with
										those listed in Chapter 20 of these regulations.
Resource
										Departmentalized-
is an instructional setting in which students receive
										instruction from more than one special education teacher and each teacher
										teaches only a single content or subject matter area. The pupil/teacher ratio
										shall be consistent with those listed in Chapter 20 of these regulations.
										Instruction is provided for not more than the maximum allowed for that
										exceptionality in a self-contained class at any given period.
Resource Room-
a type of
										alternative education placement for special education and related services
										designed or adapted as a location where gifted and or talented students may
										receive all or a part of the special education required by their IEPs, and in
										which all of the following exist:
1. the pupil/teacher ratios established in
										Chapter 20 are used;
2. only gifted and talented students are
										enrolled;
3. instruction is provided for not more than
										12 students per period;
4. special education is provided by a teacher
										certified generically or in the area of exceptionality for which special
										education is provided;
5. students receive special education
										instruction for at least 21 percent, but no more than 60 percent, of the school
										day outside the regular classroom.
School Building Level
										Committee
- refer to Bulletin 741.
School Day
- see
Day
.
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.
Self-Contained
										Departmentalized-
an instructional setting in which students receive
										instruction more than 60 percent of the school day from more than one gifted or
										talented teacher and in which each teacher teaches only one content area or
										subject matter. Pupil/teacher ratios shall be consistent with those listed in
										Chapter 20 of these regulations. Instruction is provided for not more than the
										maximum number allowed for that exceptionality in a self-contained class at any
										given period.
Self-Contained Special Education
										Class-
a type of alternative education placement in which special
										education instruction and related services is provided inside the regular
										classroom less than 40 percent of the school day.
Special Education-
specially
										designed instruction, at no cost to the parent, to meet the unique needs of the
										student with an exceptionality through an IEP.
Specially Designed
										Instruction-
adapting, as appropriate, to the needs of an eligible
										student under these regulations, the content, methodology or delivery of
										instruction to address the unique needs of the student.
Student with an
										Exceptionality-
a student who, when evaluated according to Bulletin
										1508
-Pupil Appraisal Handbook
is found to have an
										exceptionality that significantly affects educational performance to the extent
										that special education is needed.
Surrogate Parent-
refer to
										§1519 of
										these regulations.
Talented-
has possession of
										measurable abilities that give evidence of unique talent in visual arts, music,
										or theatre
Transportation
-see
related services
.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 17:1941 et
					 seq.