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a.lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in Section 1208(3) of the ESEA);
b.lack of appropriate instruction in math; or
c.limited English proficiency; and
2.if the student does not otherwise meet the eligibility criteria as a student with a disability as defined under §905.

C.Procedures for Determining Eligibility and Educational Need

1.In interpreting evaluation data for the purpose of determining if a student is a student with a disability as defined in §905, and the educational needs of the student, each public agency shall:
a.draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the student's physical condition, social or cultural background, and adaptive behavior; and
b.ensures that information obtained from all of these sources is documented and carefully considered.
2.If a determination is made that a student has a disability and needs special education and related services, an IEP shall be developed for the student in accordance with §§320 through 324.

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).

Subchapter C.Additional Procedures for Identifying Students with Specific Learning Disabilities

§308.Specific Learning Disabilities

A.General. Consistent with 34 CFR 300.309, the LDE adopts the criteria for determining whether a student has a specific learning disability in Bulletin 1508the Pupil Appraisal Handbook. In addition, the criteria adopted by the LDE:

1.shall not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a student has a specific learning disability, as defined in §905;
2.shall permit the use of a process based on the student's response to scientific, research-based intervention; and
3.may permit the use of other alternative research-based procedures for determining whether a student has a specific learning disability, as defined in §905.

B.Consistency with State Criteria. A public agency shall use the LDE criteria adopted in Subsection A of this Section consistent with 34 CFR 300.308-311 and detailed in Bulletin 1508Pupil Appraisal Handbook in determining whether a student has a specific learning disability.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2061 (October 2008).

§§309-311.Reserved.

Subchapter D.Individualized Education Programs

§320.Definition of Individualized Education Program

A.General. As used in these regulations, the term individualized education program or IEP, a written statement for each student with a disability that is

developed, reviewed, and revised in a meeting in accordance with §§320 through 324 and that shall include:

1.a statement of the student's present levels of academic achievement, and functional performance, including:
a.how the student's disability affects the student's involvement and progress in the general education curriculum (i.e., the same curriculum as for non-disabled students); or
b.for preschool students, as appropriate, how the disability affects the student's participation in appropriate activities;
2.a.a statement of measurable annual goals, including academic and functional goals designed to:
i.meet the student's needs that result from the student’s disability to enable the student to be involved in and make progress in the general education curriculum; and
ii.meet each of the student's other educational needs that result from the student's disability;
b.for students with disabilities who take an alternate assessment, aligned to alternate achievement standards, a description of benchmarks or short-term objectives;
3.a description of:
a.how the student's progress toward meeting the annual goals described in Paragraph A.2 of this Section will be measured; and
b.when periodic reports on the progress the student is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of the report cards) will be provided;
4.a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the student, or on behalf of the student, and a statement of the program modifications or supports for school personnel that will be provided to enable the student:
a.to advance appropriately toward attaining the annual goals;
b.to be involved in and make progress in the general education curriculum in accordance with Paragraph A.1 of this Section, and to participate in extracurricular and other nonacademic activities; and
c.to be educated and participate with other students with disabilities and nondisabled students in the activities described in this Section;
5.an explanation of the extent, if any, to which the student will not participate with students without disabilities in the regular class and in the activities described in Paragraph A.4 of this Section;
6.a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the student on state and district-wide assessments consistent with Section 612(a)(16) of the IDEA; and
a.if the IEP Team determines that the student shall take an alternate assessment instead of a particular regular state or district-wide assessment of student achievement, a statement of why:
i.the student cannot participate in the regular assessment; and

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

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