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consent using the procedures in §322D.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2058 (October 2008).

Subchapter B.Evaluations and Reevaluations

§302.Initial Evaluations

A.General. Each public agency shall conduct a full and individual initial evaluation, in accordance with §§306 and 307, before the initial provision of special education and related services to a student with a disability under these regulations.

B.Request for Initial Evaluation. Consistent with the consent requirements in §301, either a parent of a student or a public agency may initiate a request for an initial evaluation to determine if the student is a student with a disability.

C.Procedures for Initial Evaluation. The initial evaluation:

1.a.shall be conducted within 60 business days of receiving parental consent for the evaluation with additional appropriate extensions as established in Bulletin 1508The Pupil Appraisal Handbook; and
2.shall consist of procedures:
a.to determine if the student is a student with a disability as defined in §905; and
b.to determine the educational needs of the student.

D.Exception. The timeframe described in Paragraph C.1 of this Section does not apply to a public agency if:

1.the parent of a student repeatedly fails or refuses to produce the student for the evaluation; or
2.a student enrolls in a school of another public agency after the relevant timeframe in Paragraph C.1 of this Section has begun, and prior to a determination by the student's previous public agency as to whether the student is a student with a disability as defined in §905.

E.The exception in Paragraph D.2 of this Section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2059 (October 2008).

§303.Screening for Instructional Purposes is not Evaluation

A.The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2059 (October 2008).

§304.Reevaluations

A.General. A public agency shall ensure that a reevaluation of each student with a disability is conducted in accordance with §§305 through 308:

1.if the public agency determines that the educational or related services needs, including improved academic
achievement and functional performance, of the student warrant a reevaluation; or
2.if the student's parent or teacher requests a reevaluation.

B.Limitation. A reevaluation conducted under Subsection A of this Section:

1.may occur not more than once a year, unless the parent and the public agency agree otherwise; and
2.shall occur at least once every three years, unless the parent and the public agency agree that a reevaluation is unnecessary.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2059 (October 2008).

§305.Evaluation Procedures

A.Notice. The public agency shall provide notice to the parents of a student with a disability, in accordance with §504, that describes any evaluation procedures the agency proposes to conduct.

B.Conduct of Evaluation. In conducting the evaluation, the public agency shall:

1.use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student, including information provided by the parent, that may assist in determining:
a.whether the student is a student with a disability as defined in §905; and
b.the content of the student's IEP, including information related to enabling the student to be involved in and progress in the general education curriculum (or for a preschool student, to participate in appropriate activities);
2.not use any single measure or assessment as the sole criterion for determining whether a student is a student with a disability and for determining an appropriate educational program for the student; and
3.use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

C.Other Evaluation Procedures. Each public agency shall ensure that:

1.assessments and other evaluation materials used to assess a student under these regulations:
a.are selected and administered so as not to be discriminatory on a racial or cultural basis;
b.are provided and administered in the student's native language or other mode of communication and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;
c.are used for the purposes for which the assessments or measures are valid and reliable;
d.are administered by trained and knowledgeable personnel; and
e.are administered in accordance with any instructions provided by the producer of the assessments;
2.assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient;
3.assessments are selected and administered so as best to ensure that if an assessment is administered to a

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

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