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I.EXECUTIVE ORDERS - page 117 / 359





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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.

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.


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 audiovisual 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 through 308 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 through 324.

Foster Parent—see Parent.

Hearing Impairment—see Student with a Disability.

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.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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