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e.Vocational education-organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

Specific Learning Disability—see Student with a Disability.

Speech or Language Impairment—see Student with a Disability.

Speech or Language Pathology—see Related Services.

State—the state of Louisiana.

State Educational Agency or the SEA—the Louisiana Department of Education (LDE), governed by the State Board of Elementary and Secondary Education, both of which are responsible for the state supervision of public elementary and secondary schools.

Student with a Disability

1.General.
a.Student with a Disability—a student evaluated in accordance with §§305 through 312 of these regulations and determined as having a mental disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in these regulation as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
b.i.Subject to Clause 1.b.ii of this definition, if it is determined, through an appropriate evaluation under §§305 through 308, that a student has one of the disabilities identified in Subparagraph 1.a of this definition, but only needs a related service and not special education, the student is not a student with a disability under these regulations.
(a).If, consistent with Subparagraph 1.b in the definition of special education in this section, the related service required by the student is considered special education rather than a related service under state standards, the student would be determined to be a student with a disability under Subparagraph 1.a of this definition.
2.Students aged three through eight experiencing developmental delays. Student with a disability for students aged three through eight, may, subject to the conditions described in §111.B, include a student:
a.who is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
b.who, by reason thereof, needs special education and related services.
3.Definitions of Disability Terms. The terms used in this definition of a student with a disability are defined as follows:
a.i.Autism—a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a student’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped
movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.
ii.Autism does not apply if a student’s educational performance is adversely affected primarily because the student has an emotional disturbance, as defined in Subparagraph 3.d of this definition.
iii.A student who manifests the characteristics of autism after age three could be identified as having autism if the criteria in Clause 3.a.i of this definition are satisfied.
b.Deaf-Blindness—concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for students with deafness or students with blindness.
c.Deafness—a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a student’s educational performance.
d.i.Emotional Disturbance—a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance:
(a).an inability to learn that cannot be explained by intellectual, sensory, or health factors;
(b).an inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
(c).inappropriate types of behavior or feelings under normal circumstances;
(d).a general pervasive mood of unhappiness or depression; and/or
(e).a tendency to develop physical symptoms or fears associated with personal or school problems.
ii.Emotional disturbance includes schizophrenia. The term does not apply to students who are socially maladjusted, unless it is determined that they have an emotional disturbance under Clause 3.d.i of this definition.
e.Hearing Impairment—an impairment in hearing, whether permanent or fluctuating, that adversely affects a student’s educational performance but that is not included under the definition of deafness in Paragraph 1.c above.
f.Mental Disability—significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a student’s educational performance.
g.Multiple Disabilities—concomitant impairments (such as mental retardation-blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term multiple disabilities does not include deaf-blindness.
h.Orthopedic Impairment—a severe orthopedic impairment that adversely affects a student’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

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

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