La. Admin. Code tit. 28 § XLIII-1904
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.
La. Admin. Code tit. 28, § XLIII-1904