La. Admin. Code tit. 28 § XI-5109

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-5109 - Assessment Populations [Formerly LAC 28:CXI.109]

A. Classified Populations

1. Definition

Classified Population! a population of students that is identified for educational and accountability purposes.

2. Regular Education Students. These are students who have not been identified as eligible for special education and related services under the Individuals with Disabilities Education Act.

3. Students with Disabilities. These are students who have been evaluated in accordance with CFR 300.530-300.536 and are receiving special education and related services as a result of an intellectual disability, a hearing disability including deafness or hearing loss, a speech or language impairment, a visual impairment including blindness, serious emotional disturbance (hereafter referred to as emotional disturbance), an orthopedic impairment, autism, traumatic brain injury, other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities (Federal Register, Vol. 64, No. 48).

4. Gifted and Talented Students. These are students who have been identified as possessing demonstrated or potential abilities that give evidence of high-performing capabilities in intellectual, creative, specific academic or leadership areas, or ability in the performing or visual arts and who require services or activities not ordinarily provided by the school in order to fully develop such capabilities;

5.Section 504 Students. These are students with one or more disabilities according to the regulations for section 504 of the Rehabilitation Act of 1973, which defines disability as a physical or mental impairment which substantially limits one or more major life activities.

6. English Learners. These are students who are aged 3 through 21; who were not born in the United States or whose native language is a language other than English; who are Native Americans or Alaska Natives or native residents of the outlying areas and come from an environment where a language other than English has had significant impact on their level of English language proficiency; or who are migratory, whose native language is a language other than English, and who come from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny them:

a. the ability to meet the state's proficient level of achievement on state assessments;

b. the ability to successfully achieve in classrooms where the language of instruction is English; or

c. the opportunity to participate in society.

B. Nonclassified Populations

1. Definition

Nonclassified Population! a population of students that is identified for reasons other than educational or accountability purposes.

2. Homebound Program Students. These are students who are unable to attend school as a result of health care treatment or physical illness and who are assigned a teacher to instruct them at home or in a hospital environment.

3. Approved Home Study Program Students. These students are taught in a program with a state-approved curriculum that is implemented under the direction and control of a parent or a tutor. A tutor is defined as a court-appointed guardian under Louisiana law.

4. Foreign Exchange Students. These students are citizens of another nation who have come under the auspices of a specific program to study in U.S. public elementary and secondary schools.

5. Correctional Facilities. These are students attending alternative schools under the Office of Youth Development.

La. Admin. Code tit. 28, § XI-5109

Promulgated by the Department of Education, Board of Elementary and Secondary Education, LR 31:1527 (July 2005), amended LR 33:255 (February 2007), Amended LR 44462 (3/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:24.4.