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train, and retain highly qualified personnel to provide special education and related services under these regulations to students with disabilities is established in Bulletin 741—Louisiana Handbook for School Administrators.

E.Rule of Construction. Notwithstanding any other individual right of action that a parent or student may maintain under these regulations, nothing in these regulations shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of a particular LDE employee or LEA employee to be highly qualified, or to prevent a parent from filing a complaint about staff qualifications with the LDE as provided for under these regulations.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2049 (October 2008).

§157.Performance Goals and Indicators

A.The LDE shall have in effect goals for the performance of students with disabilities in the state that:

1.promote the purposes of these regulations as stated in §901;
2.are the same as the state's objectives for progress by students in its definition of adequate yearly progress, including the state's objectives for progress by students with disabilities, under Section 1111(b)(2)(c) of the ESEA, 20 U.S.C. 6311;
3.address graduation rates and dropout rates, as well as such other factors as the state may determine; and
4.are consistent, to the extent appropriate, with any other goals and academic standards for students established by the state.

B.The LDE shall have in effect performance indicators that the state will use to assess progress toward achieving the goals described in Subsection A of this Section, including measurable annual objectives for progress by students with disabilities under Section 1111(b)(2)(C) of the ESEA, 20 U.S.C. 6311.

C.The LDE shall annually report to the secretary and the public on the progress of the state, and of students with disabilities in the state, toward meeting the goals established under Subsection A of this Section, which may include elements of the reports required under Section 1111(h) of the ESEA.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2050 (October 2008).

§§158-159.Reserved.

§160.Participation in Assessments

A.General. The LDE shall ensure that all students with disabilities are included in all general state and district-wide assessment programs, including assessments described under Section 1111 of the ESEA, 20 U.S.C. 6311, with appropriate accommodations and alternate assessments, if necessary, as indicated in their respective IEPs.

B.Accommodation Guidelines

1.The LDE's guidelines for providing appropriate accommodations are established in Bulletin 118Statewide Assessment Standards and Practices, for the provision of appropriate accommodations. In case of district-wide assessment programs, the LEA shall establish those
guidelines.

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

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