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3.the number of students with disabilities, if any, participating in alternate assessments based on modified academic achievement standards;
4.the number of students with disabilities, if any, participating in alternate assessments based on alternate academic achievement standards;
5.compared with the achievement of all students, including students with disabilities, the performance results of students with disabilities on regular assessments, alternate assessments based on grade-level academic achievement standards, alternate assessments based on modified academic achievement standards, and alternate assessments based on alternate academic achievement standards if:
a.the number of students participating in those assessments is sufficient to yield statistically reliable information; and
b.reporting that information will not reveal personally identifiable information about an individual student on those assessments.

G.Universal Design. The LDE (or, in the case of a district-wide assessment, an LEA) shall, to the extent possible, use universal design principles in developing and administering any assessments under 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 34:2050 (October 2008).

§161.Reserved.

§162.Supplementation of State, Local, and other Federal Funds

A.Funds paid to the state under these regulations shall be administered in accordance with 34 CFR 300.162 through 164 and 300.166.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2051 (October 2008).

§§163-164.Reserved.

§165.Public Participation

A.Prior to the adoption of any policies and procedures needed to comply with Part B of the IDEA (including any amendments to those policies and procedures), the LDE shall ensure that there are public hearings, adequate notice of the hearings, and opportunity for comment available to the general public, including individuals with disabilities and parents of students with disabilities by one or more of the following methods:

1.receiving input from the State Advisory Panel regarding proposed changes in policies and procedures;
2.submitting proposed revisions of policies and procedures to the State Board of Elementary and Secondary Education for advertisement, and as appropriate, as a Notice of Intent in the Louisiana Register;
3.publishing through one of the following media: newspapers, the LDE's official website, libraries, school board offices the timetable for final approval, the procedures for submitting written comments, and a list of the dates, times and places of public meetings to be held;
4.distributing to interested parties, and posting the policies and procedures on the LDE's official internet website for public comment.

B.Before submitting a state plan under these regulations, the LDE shall comply with the public

participation requirements in Subsection A of this Section and those in 20 U.S.C. 1232d(b)(7).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2051 (October 2008).

§166.Reserved.

Subchapter M.State Advisory Panel

§167.State Advisory Panel (State Special Education Advisory Council)

A.The advisory panel is established and shall be maintained by the LDE for the purpose of providing policy guidance with respect to special education and related services for students with disabilities in the state.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2051 (October 2008).

§168.Membership

A.General. The advisory panel shall consist of members appointed and approved by the state board and shall be representative of the state population and be composed of individuals involved in or concerned with the education of students with disabilities, including:

1.parents of children with disabilities (ages birth through 26);
2.individuals with disabilities;
3.teachers;
4.representatives of institutions of higher education that prepare special education and related service personnel;
5.state and local education officials, including officials who carry out activities under the McKinney-Vento Homeless Assistance Act;
6.administrators of programs for students with disabilities;
7.representatives of other state agencies involved in the financing or delivery of related services to students with disabilities;
8.representatives of private schools and public charter schools;
9.not less than one representative of a vocational, community, or business organization concerned with the provision of transition services to students with disabilities;
10.a representative from the state child welfare agency responsible for foster care; and
11.representatives from the state juvenile and adult corrections agencies.

B.Special Rule. A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities (ages birth through 26).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2051 (October 2008).

§169.Duties

A.The advisory panel shall perform the following prescribed duties in matters concerning the education of students with disabilities:

1.advise the state board and the LDE of unmet needs within the state in the education of students with disabilities;
2.comment publicly on any rules or regulations proposed by the state board and the LDE regarding the education of students with disabilities;

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

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