La. Admin. Code tit. 28 § LXXIX-3303

Current through Register Vol. 50, No. 6, June 20, 2024
Section LXXIX-3303 - Definitions

Academically Able Student-a student who is functioning at grade level as determined by the local school system. For special education students identified in accordance with Bulletin 1508-Pupil Appraisal Handbook, the Student Services Plan Committee shall determine the student's eligibility to receive foreign language instruction, provided the student is performing at grade level.

Accommodation-any technique that alters the academic setting or environment. An accommodation generally does not change the information or amount of information learned. It enables students to show more accurately what they actually know.

Accredited (formerly regionally accredited)-a term used to denote the status of public recognition that a nationally recognized accrediting agency grants to an educational institution or program that meets the agency standards and requirements in accordance with 34 CFR 602 . When used in this Part, regionally accredited shall be replaced with accredited in accordance with 34 CFR 602.

Activity Class-any class such as band, theatre, or chorus for which a large class size is acceptable due to the nature of the instruction.

Adapted Physical Education-specially designed physical education for those exceptional students for whom significant deficits in the psychomotor domain have been identified according to Bulletin 1508-Pupil Appraisal Handbook, and who, if school-aged, are unable to participate in regular physical education programs on a full-time basis.

Adult Education-instruction below the college level for adults who have not been awarded a regular high school diploma and who are not currently required to be enrolled in school.

Advanced Placement Program the Advanced Placement Program of the College Board -gives students the opportunity to pursue college-level studies while still in secondary school and to receive advanced placement and/or credit upon entering college.

Annual School Report-the report of the implementation by a school of the standards/regulations of this bulletin. It is submitted annually to the LDE by each school.

Articulated Credit-promotes a smooth transition from secondary to postsecondary education. It serves as a vehicle for high school students to earn postsecondary credit while enrolled in high school or upon entering postsecondary study.

Assessment-the act or process of gathering data in order to better understand the strengths and weaknesses of a student learning as by observation, testing, interviews, etc.

Attendance (Half-Day)-a student is considered to be in attendance for one-half day when he or she:

1. is physically present at a school site or is participating in an authorized school activity; and

2. is under the supervision of authorized personnel for more than 25 percent but more than half (26-50 percent) of the student's instructional day.

Attendance (Whole-Day)-a student is considered to be in attendance for a whole day when he or she:

1. is physically present at a school site or is participating in an authorized school activity; and

2. is under the supervision of authorized personnel for more than 50 percent (51-100 percent) of the students instructional day.

BESE Policy-a comprehensive statement that has been adopted by BESE pursuant to the APA process and that has the force and effect of law to govern and to bring uniformity in education throughout Louisiana

Certification-a licensing process whereby qualified professionals become legally authorized to teach or to perform designated duties in the schools under the jurisdiction of the State Board of Elementary and Secondary Education (BESE).

Class Size-the maximum enrollment allowed in a class or section.

Cooperative Education-programs that provide opportunities for career and technical education students to receive on-the-job training and related classroom instruction in the areas of agriculture, business, health, family and consumer science, marketing, and trade and industrial education programs.

Credit Exam-an examination for the purpose of verifying a student has mastered a course taken under conditions that do meet the requirements for awarding Carnegie credit, such as teacher certification or time requirements.

Cumulative Record-a current record of academic, health, and other special types of information maintained for each student throughout his progress in school.

Department or LDE-the Louisiana Department of Education.

Education Records-

1. those records, files, documents, and other materials which:

a. contain information directly related to a student; and

b. are maintained by an educational agency or institution or by a person acting for such agency or institution;

2. the term education records does not include:

a. records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;

b. records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement;

c. in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or

d. records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.

Elementary School-a school composed of any span of grades pre-kindergarten through the eighth grade.

Equivalent Day-the number of minutes that reflect the required number of school and/or instructional day. School days may equal 180 days or 59,400 minutes. Instructional days may equal 175 days or 57,750 minutes.

Equivalent Major-the number of credit hours awarded from a college or university accredited in accordance with 34 CFR 602 to meet the required content hours needed to teach in a core content area.

Evaluation-the in-depth process of review, examination, and interpretation of intervention efforts, test results, interviews, observations, and other assessment information relative to predetermined criteria.

Exceptional Child-a child who is defined in accordance with Bulletin 1706, Regulations for Implementation of Exceptional Children's Act (R.S. 17:1941 et seq.) and who is determined eligible according to Bulletin 1508, Pupil Appraisal Handbook, to have an exceptionality that adversely affects educational performance to the extent that special education is needed.

Face Covering-a piece of material used to cover both the nose and mouth for the purpose of forming a barrier to droplets or airborne particles that are coughed, sneezed, or exhaled when talking. Face coverings are meant to protect both the wearer of the face covering and surrounding individuals.

Gifted-children or youth who demonstrate abilities that give evidence of high performance in academic and intellectual aptitude.

High School-a school composed of any span of grades nine through twelve.

Home Study Program (Approved)-program in which an approved curriculum can be implemented under the direction and control of a parent or a tutor (i.e., court appointed guardian under Louisiana law).

High-Touch Surface-surfaces that are touched frequently, including but not limited to door handles, bathroom fixtures, drinking fountains, railings, desks, and other surfaces in school facilities or on school buses.

Industry-Based Certification-a portable, recognized credential (tangible evidence) that an individual has successfully demonstrated skill competencies on a core set of content and performance standards in a specific set of work related tasks, single occupational area, or a cluster of related occupational areas.

Instructional Time-shall include the scheduled time within the regular school day devoted to teaching courses outlined in the Program of Studies. Instructional time does not include such things as recess, lunch, change of class time, and parent-teacher conferences.

Internship-student internships are situations where students work for an employer for a specified period of time to learn about a particular industry or occupation. Students' workplace activities may include special projects, a sample of tasks from different jobs, or tasks from a single occupation. These may or may not include financial compensation.

Knowledge of the Learner and the Learning Environment-course requirements that provide the prospective teacher with a fundamental understanding of the learner and the teaching and learning process. Coursework should address the needs of the regular and the exceptional child, such as:

1. child/adolescent development/psychology;

2. educational psychology;

3. the learner with special needs;

4. classroom organization and management;

5. multicultural education.

Language Arts-a broad subject area which includes reading, literature, speaking, listening, oral and written composition, English grammar, and spelling. (Foreign language may be included as part of the language arts program.)

Least Restrictive Environment-the educational placement of an exceptional child in a manner consistent with the Least Restrictive Environment Requirements in of Bulletin 1706-Regulations for Implementation for the Exceptional Children's Act, R.S. 17:1941 et seq.

Locally Initiated Elective-an elective course developed by a school or school system according to the standards in §2108

LDH-the Louisiana Department of Health.

Middle School-a school composed of any span of grades five through nine that includes grade seven and eight and that excludes grades prekindergarten through four and ten through twelve.

Modification-any technique that alters the work product in some way that makes it different from the work required of other students in the same class. A modification generally does change the work format or amount of work required of students. It encourages and facilitates academic success.

Paraprofessional-a person who is at least 18 years of age, possesses a certificate of good health signed by a physician, possesses an appropriate permit, and assists in the delivery of special educational services under the supervision of a special education teacher or other professional who has the responsibility for the delivery of services to exceptional children.

Pre-Kindergarten-developmental programs for children ages 3-4, the minimum age being three by September 30 of the school year in which the student enters pre-kindergarten.

Procedures-specific actions or steps developed and required by the DOE to implement standards or regulations of BESE.

Proficiency Exam-an examination taken by a student to demonstrate mastery of a course.

Pupil Appraisal Personnel-professional personnel who meet the certification requirements for school personnel for such positions and who are responsible for delivery of pupil appraisal services included in §410-436 of Bulletin 1706-Regulations for Implementation of the Exceptional Children's Act, and R.S. 17:1941 et seq.

Qualified Teacher-a teacher is considered qualified to teach in nonpublic schools if all of the following criteria are met:

1. has a bachelor's degree from an institution accredited in accordance with 34 CFR 602;

2. has a college major or the equivalent in the area of his/her teaching assignment; and

3. has earned 12 semester hours of Knowledge of the Learner and the Learning Environment.

Special Education-specially designed instruction, at no cost to the parent, to meet the unique needs of the student with an exceptionality.

Student Services Plan-a written statement that describes the special education and related services the LEA will provide to a parentally-placed student with an exceptionality enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with Bulletin 1706, Regulations for Implementation of Exceptional Children's Act (R.S. 17:1941 et seq.) and Bulletin 1530, the IEP Handbook.

Static Group-a group whose composition of students and adults does not change.

Talented-children or youth who give evidence of measurable abilities of unique talent in visual and/or performing arts.

La. Admin. Code tit. 28, § LXXIX-3303

Promulgated by the Board of Elementary and Secondary, Education, LR 34:230 (February 2008), amended LR 36:2848 (December 2010), LR 38:1405 (June 2012), LR 39:1457 (June 2013), LR 41:1486 (August 2015), Amended LR 461675 (12/1/2020), Amended LR 482553 (10/1/2022) .
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6, 17:7, 17:439.1, and 17:3391.