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I.EXECUTIVE ORDERS - page 119 / 359

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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 through 324.

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).

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 through 534 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 and116 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.

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

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