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

§113.Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devices

A.Hearing Aids. Each public agency shall ensure that hearing aids worn in school by students with hearing impairments, including deafness, are functioning properly.

B.External components of surgically implanted medical devices.

1.Subject to Paragraph B.2 of this Section, each public agency shall ensure that the external components of surgically implanted medical devices are functioning properly.
2.For a student with a surgically implanted medical device who is receiving special education and related services under these regulations, a public agency is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2039 (October 2008).

Subchapter C.Least Restrictive Environment (LRE)

§114.LRE Requirements

A.General

1.Except as provided in §324.D.2 (regarding students with disabilities in adult prisons), the LDE adopts the policies and procedures in this Section and in §§115 through 120 to ensure that public agencies in the state meet the federal LRE requirements of this Section and §§115 through 120.
2.Each public agency shall ensure that:
a.to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are nondisabled; and
b.special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

B.Additional Requirement—State Funding Mechanism

1.General
a.The state funding mechanism shall not result in placements that violate the requirements of Subsection A of this Section; and
b.the state shall not use a funding mechanism by which it distributes funds on the basis of the type of setting in which a student is served that will result in the failure to provide a student with a disability FAPE according to the unique needs of the student, as described in the student's IEP.
2.Assurance. The state has policies and procedures to ensure compliance with Paragraph B.1 of 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 34:2039 (October 2008).

§115.Continuum of Alternative Placements

A.Each public agency shall ensure that a continuum of alternative educational placements is available to meet the need of students with disabilities for special education and related services.

BThe continuum required in Subsection A of this Section shall:

1.include the alternative placements listed in the definition of special education under §905 (instruction in regular classes, special classes, special schools, home instruction, instruction in hospitals, and institution); and
2.make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2039 (October 2008).

§116.Placements

A.In determining the educational placement of a student with a disability, including a preschool student with a disability, each public agency shall ensure that:

1.the placement decision:
a.is made by a group of persons including the parents and other persons knowledgeable about the student, the meaning of the evaluation data, and the placement options; and
b.is made in conformity with the LRE provisions of this Section, including §§114 through 118;
2.the student's placement:
a.is determined at least annually;
b.is based on the student's IEP; and
c.is as close as possible to the student's home;
3.unless the IEP of a student with a disability requires some other arrangement, the student is educated in the school that he or she would attend if non-disabled;
4.in selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that he or she needs; and
5.a student with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum;
6.for students with a hearing or visual impairment, parents shall be informed of all placement options, including the Louisiana School for the Deaf and the Louisiana School for the Visually Impaired, that will appropriately meet the students' unique educational needs;
7.each completed IEP shall document the placement requirements described in Bulletin 1530—Louisiana's IEP Handbook.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2039 (October 2008).

§117.Nonacademic Settings

A.In providing or arranging for the provision of nonacademic and extracurricular services and activities including meals and recess periods and the services and activities set forth in §107, each public agency shall ensure that each student with a disability participates with non-

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

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