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disabilities an equal opportunity for participation in those services and activities.

B.Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2037 (October 2008).

§108.Physical Education

A.The LDE shall ensure that public agencies in the state make available.

1.General. Physical education services, specially designed if necessary, to every student with a disability receiving FAPE, unless the public agency enrolls students without disabilities and does not provide physical education to students without disabilities in the same grades.

B.Regular Physical Education. Each student with a disability shall be afforded the opportunity to participate in the regular physical education program available to non-disabled students unless:

1.the student is enrolled full time in a separate facility; or
2.the student needs specially designed physical education, as prescribed in the student's IEP.

C.Special Physical Education. If specially designed physical education is prescribed in the student's IEP, the public agency responsible for the education of that student shall provide the services directly or make arrangements for those services to be provided through other public or private programs.

D.Education in Separate Facilities. The public agency responsible for the education of a student with a disability who is enrolled in a separate facility shall ensure that the student receives appropriate physical education services in compliance with 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 34:2038 (October 2008).

§109.Full Educational Opportunity Goal (FEOG)

A.The LDE shall have in effect policies and procedures to demonstrate that the LDE has established a goal of providing a full educational opportunity to all students with disabilities, aged birth through 21, and a detailed timetable for accomplishing that goal.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2038 (October 2008).

§110.Program Options

A.The LDE shall ensure that each public agency takes steps to ensure that the students with disabilities residing in the area served by the public agency have available to them the variety of educational programs and services available to non-disabled students, including but not limited to art, music, industrial arts, consumer and homemaking education, and vocational education.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2038 (October 2008).

§111.Child Find

A.General

1.The LDE shall ensure that:
a.all students with disabilities residing in the state, including students with disabilities who are homeless children or who are wards of the state, and students with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and
b.a practical method is developed and implemented to determine which students are currently receiving needed special education and related services.
2.Each public agency, in accordance with the requirements of these regulations, shall document that on-going identification activities are conducted to identify, locate, and evaluate each student who is suspected of having a disability, in need of special education and related services, and meets the criteria listed below:
a.is enrolled in an educational program operated by or under the jurisdiction of a public agency;
b.is enrolled in a private school program within the geographical jurisdiction of a public agency;
c.is enrolled in a public or private preschool or day care program; or
d.is not enrolled in a school, except for students who have graduated with a regular high school diploma.

B.Use of Term Developmental Delay. The following provisions apply with respect to implementing the Child Find requirements of this Section:

1.the LDE has defined the term developmental delay in the definition of student with a disability in §905 of this Part and determined that it applies to students aged three through eight.
2.an LEA is not required to adopt and use the term developmental delay for any students within its jurisdiction;
3.if an LEA uses the term developmental delay for students described in Paragraph B of the definition of student with a disability as defined in §905, the LEA shall conform to both the definition and to the age range therein.

C.Other Students in Child Find. Child Find also shall include:

1.students who are suspected of being students with a disability under §905 and in need of special education, even though they are advancing from grade to grade; and
2.highly mobile students, including migrant students.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2038 (October 2008).

§112.Individualized Education Programs (IEP)

A.The LDE shall ensure that an IEP, that meets the requirements of Section 636(d) of the IDEA, is developed, reviewed, and revised for each student with a disability in accordance with §§320 through 324, except as provided in §301B.3.b.

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

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

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