La. Admin. Code tit. 28 § XLIII-111

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-111 - Child Find

A. General

1. The LDE shall ensure that:

a. all students with disabilities residing in the state, including students with disabilities who are homeless children or who are wards of the state, and students with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated; and

b. a practical method is developed and implemented to determine which students are currently receiving needed special education and related services.

2. Each public agency, in accordance with the requirements of these regulations, shall document that on-going identification activities are conducted to identify, locate, and evaluate each student who is suspected of having a disability, in need of special education and related services, and meets the criteria listed below:

a. is enrolled in an educational program operated by or under the jurisdiction of a public agency;

b. is enrolled in a private school program within the geographical jurisdiction of a public agency;

c. is enrolled in a public or private preschool or day care program; or

d. is not enrolled in a school, except for students who have graduated with a regular high school diploma.

B. Use of Term Developmental Delay. The following provisions apply with respect to implementing the Child Find requirements of this Section:

1. the LDE has defined the term developmental delay in the definition of student with a disability in §905 of this Part and determined that it applies to students aged three through eight.

2. an LEA is not required to adopt and use the term developmental delay for any students within its jurisdiction;

3. if an LEA uses the term developmental delay for students described in Paragraph B of the definition of student with a disability as defined in §905, the LEA shall conform to both the definition and to the age range therein.

C. Other Students in Child Find. Child Find also shall include:

1. students who are suspected of being students with a disability under §905 and in need of special education, even though they are advancing from grade to grade; and

2. highly mobile students, including migrant students.

La. Admin. Code tit. 28, § XLIII-111

Promulgated by the Board of Elementary and Secondary Education, LR 34:2038 (October 2008).

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