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student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure);
4.the student is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;
5.assessments of students with disabilities who transfer from one public agency to another public agency in the same school year are coordinated with those students’ prior and subsequent schools, as necessary and as expeditiously as possible, consistent with §302.D.2 and E, to ensure prompt completion of full evaluations;
6.in evaluating each student with a disability under §§305 through 307, the evaluation is sufficiently comprehensive to identify all of the student's special education and related services needs, whether or not commonly linked to the disability category in which the student has been classified;
7.assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student are provided.

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).

§306.Additional Requirements for Evaluations and Reevaluations

A.Review of Existing Evaluation Data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under these regulations, the IEP Team and other qualified professionals, as appropriate, shall:

1.review existing evaluation data on the student, including:
a.evaluations and information provided by the parents of the student;
b.current classroom-based, local, or state assessments and classroom-based observations; and
c.observations by teachers and related services providers; and
2.on the basis of that review and on the input from the student's parents, identify what additional data, if any, are needed to determine:
a.i.whether the student is a student with a disability, as defined in §905, and the educational needs of the student;
ii.in the case of a reevaluation of a student, whether the student continues to have such a disability, and the educational needs of the student;
b.the present levels of academic achievement and related developmental needs of the student;
c.i.whether the student needs special education and related services; or
ii.in the case of a reevaluation of a student, whether the student continues to need special education and related services; and
d.whether any additions or modifications to the special education and related services are needed to enable
the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum.

B.Conduct of Review. The group described in Subsection A of this Section may conduct its review without a meeting.

C.Source of Data. The public agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified under Subsection A of this Section.

D.Requirements if Additional Data Are Not Needed

1.If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the student continues to be a student with a disability, and to determine the student’s educational needs, the public agency shall notify the parents of:
a.that determination and the reasons for the determination; and
b.the right of the parents to request an assessment to determine whether the student continues to be a student with a disability, and to determine the student's educational needs.
2.The public agency is not required to conduct the assessment described in Subparagraph D.1.b of this Section unless requested to do so by the student's parents.

E.Evaluations before Change in Eligibility

1.Except as provided in Paragraph E.2 of this Section, a public agency shall evaluate a student with a disability in accordance with §§305 through 308 before determining that the student is no longer a student with a disability.
2.The evaluation described in Paragraph E.1 of this Section is not required before the termination of a student's eligibility under these regulations due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under state law.
3.For a student whose eligibility terminates under circumstances described in Paragraph E.2 of this Section, a public agency shall provide the student with a summary of the student’s academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student’s postsecondary goals.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2060 (October 2008).

§307.Determination of Eligibility

A.General. Upon completion of the administration of assessments and other evaluation measures:

1.a group of qualified professionals and the parent of the student shall determine whether the student is a student with a disability, as defined in §905, in accordance with Subsection B of this Section and the educational needs of the student; and
2.the public agency shall provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.

B.Special Rule for Eligibility Determination. A student shall not be determined to be a student with a disability under these regulations:

1.if the determinant factor for that eligibility determination is:

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

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