La. Admin. Code tit. 28 § CI-711

Current through Register Vol. 50, No. 11, November 20, 2024

Section CI-711 - Intellectual Disability

A. Definition. Intellectual disability means significantly sub average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a student's educational performance.

1. In every case, determination of an intellectual disability shall be based on an assessment of a variety of factors including educational functioning, adaptive behavior, and past and current developmental functioning (e.g., indices of social, intellectual, adaptive, verbal, motor, language, emotional, and self-care development for age).

B. Criteria for Eligibility. Evidence of criteria listed in Paragraphs 1 through 5 must all be met.

1. Documented evidence must show that evidence based intervention(s) implemented with fidelity did not significantly modify the areas of concern. The intervention(s) shall include operationally defined target behaviors, systematic measurement of the academic and/or social areas of concern, establishment of baseline, and monitoring of the student's response to the intervention. These results may not be available for students with low incidence impairments.

2. For all students meeting the classification of intellectual disability as defined in Subparagraphs a through c, the degree of impairment shall be specified.

a. The measured intelligence and adaptive behavior functioning of a student with an intellectual disability, mildly impaired generally falls between two and three standards deviations below the mean. The student's adaptive behavior functioning falls below age and cultural expectations and is generally commensurate with the assessed level of intellectual functioning.

b. The measured intelligence and adaptive behavior functioning of a student with an intellectual disability, moderately impaired generally falls between three and four standard deviations below the mean. The student's adaptive behavior functioning falls below age and cultural expectations and is generally commensurate with the assessed level of intellectual functioning.

c. The measured intelligence and adaptive behavior functioning of a student with an intellectual disability, severely impaired generally falls greater than four standard deviations below the mean. The student's adaptive behavior functioning falls below age and cultural expectations and is generally commensurate with the assessed level of intellectual functioning.

3. The learning problems are not due primarily to such factors as:

a. other disabling conditions;

b. lack of appropriate explicit and systematic instruction in reading which includes the essential components of reading instruction: phonics, phonemic awareness, fluency, comprehension, and vocabulary;

c. lack of appropriate instruction in math;

d. limited English proficiency;

e. lack of educational opportunity;

f. emotional stress in the home or school; or

g. environmental, or economic disadvantage.

4. The student's academic or pre-academic functioning levels are generally commensurate with the assessed level of intellectual ability.

5. The deficits occurred during the developmental period.

C. Procedures for Evaluation. Conduct all procedures described under §513, Evaluation Components.

D. Additional procedures for evaluation:

1. the educational assessment should include informal and formal assessments, the review and analysis of assessment results and the student's response to scientifically research-based interventions documented by progress monitoring data;

2. an assessment of adaptive behavior including information provided by both parent(s) and teacher. When information is provided by only one informant, the reason must be explained in the report;

3. a psychological assessment conducted by a certified school psychologist, which includes the following procedures:

a. an appraisal of emotional or cultural/linguistic factors that may be causing or contributing to the student's problems;

b. a standardized nondiscriminatory individual assessment of intellectual functioning. The examiner shall review all available information regarding the student, the student's family, and the socio-cultural background of the student to determine whether the intellectual assessment results have been unduly influenced by such factors;

4. an assessment of language development and/or communication skills conducted by a speech/language pathologist or other qualified pupil appraisal staff member. For non-verbal communicators, an augmentative/alternative communication assessment should be conducted to determine needs and modes of communication;

5. other assessment procedures deemed necessary by the multidisciplinary team.

La. Admin. Code tit. 28, § CI-711

Promulgated by the Board of Elementary and Secondary Education, LR 35:909 (May 2009), effective July 1, 2009, Amended LR 42400 (3/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.