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i.Other Health Impairment—having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:
i.is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome; and
ii.adversely affects a student’s educational performance.
j.Specific Learning Disability
i.General. Specific Learning Disability—a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
ii.Disorders not Included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
k.Speech or Language Impairment—a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a student's educational performance.
l.Traumatic Brain Injury—an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
m.Visual Impairment Including Blindness—an impairment in vision that, even with correction, adversely affects a student’s educational performance. The term includes both partial sight and blindness.

Supplementary Aids and Services—aids, services, and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings to enable students with disabilities to be educated with non-disabled students to the maximum extent appropriate in accordance with §§114 through 116.

Surrogate Parent—see Parent and §519 of these regulations.

Transition Services

1.a coordinated set of activities for a student with a disability that:
a.is designed to be within a results oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student's movement from school to post-school activities, including post secondary education, vocational
education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
b.is based upon the individual student's needs, taking into account the student's strengths, preferences and interests and includes:
i.instruction;
ii.related services;
iii.community experiences;
iv.the development of employment and other post-school adult living objectives; and
v.if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
2.Transition services for students with disabilities may be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special education.

Transportation—see Related Services.

Traumatic Brain Injury—see Student with a Disability.

Travel Training—see Special Education.

Universal Design—the meaning given the term in section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002.

Visual Impairment Including Blindness—see Student with a Disability.

Vocational Educationsee Special Education.

Ward of the State

1.General. Subject to Paragraph 1 of this Subsection, Ward of the State means a student who is:
a.a foster child;
b.a ward of the state; or
c.in the custody of a public child welfare agency.
2.Exception. Ward of the state does not include a foster child who has a foster parent who meets the definition of parent in this Section.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2089 (October 2008).

Chapter 10.State Program Rules for Special Education

§1001.Pupil/Teacher, Pupil/Speech/Language Pathologist, and Pupil Appraisal Ratios for Public Education

A.In providing services to all identified students with disabilities, the number of students in each instructional setting shall not exceed the following numbers.

1.Self-Contained Classrooms

Self-Contained Classrooms

Preschool

Elementary

Secondary

Autism

4

4

4

Blindness

7

9

9

Deafness

7

9

9

Deaf-blindness

4

4

4

Emotional Disturbance

8

8

Hard of Hearing

11

15

17

Mental Disability

Mild

16

16

Moderate

11

17

Severe

9

9

Profound

9

9

Mild/Moderate (Generic)

16

16

Multiple Disabilities

7

9

9

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

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