Louisiana Administrative Code
Title 28 - EDUCATION
Part XCVII - Bulletin 1530-Louisiana's IEP Handbook for Students with Exceptionalities
Chapter 1 - Individualized Education Program (IEP)
Section XCVII-117 - Placement/Least Restrictive Educational Environments
Universal Citation: LA Admin Code XCVII-117
Current through Register Vol. 50, No. 9, September 20, 2024
A. For Students with Exceptionalities ages 6-21. The Educational Environments are listed below in a continuum from least to most restrictive. This list is not a continuum of least restrictive environment for the deaf or hard-of-hearing students. The list should not be considered a continuum of least restrictive environment for students receiving gifted and talented services.
1. Inside the
regular class 80 percent or more of the day
a. A regular class with special
education/related services provided within regular classes; a regular class
with special education/related services provided outside regular classes; or a
regular class with special education services provided in resource
rooms.
2. Inside regular
class no more than 79 percent of day and no less than 40 percent of the day
a. Resource rooms with special
education/related services provided within the resource room; or resource rooms
with part-time instruction in a regular class.
3. Inside regular class less than 40 percent
of the day
a. Self-contained special
classrooms with part-time instruction provided in a regular class, or a
self-contained special classroom with full-time special education instruction
on a regular school campus.
4. Separate School
a. Public and private day schools for
students with disabilities; public and private day schools for students with
disabilities for a portion of the school day (greater than 50 percent) and in
regular school buildings for the remainder of the school day; or public and
private residential facilities when the student does not live at the
facility.
5. Residential
Facility
a. Public and private residential
schools for students with disabilities; or public and private residential
schools for students with disabilities for a portion of the school day (greater
than 50 percent) and in separate day schools or regular school buildings for
the remainder of the school day.
6. Hospital/Homebound
a. Hospital programs or homebound programs -
students should be receiving a minimum of 4 hours of services per week. Refer
to Bulletin 741, §1103 for more information.
7. Correctional Facilities
a. Short-term detention facilities
(community-based or residential); or correctional facilities
B. For Students with Exceptionalities Ages 3-5. In determining the appropriate setting for a preschool-aged student, each setting noted shall be considered; but the list should not be considered a continuum of least restrictive environment. The settings for preschool-aged students, three through five years, are defined as follows.
1. For Students with Disabilities
Ages 3-5
a. Attending a regular early
childhood program at least 10 hours per week:
i. receives the majority of special education
and related services in the regular early childhood program;
(a). regular early childhood programs
include, but are not limited to Head Start, kindergarten, private kindergarten
or preschools, preschool classes offered to an eligible pre-kindergarten
population by the LEA (e.g., LA 4, Title I); and group child development center
or child care;
ii.
receives the majority of special education and related services in some other
location.
b. Attending a
regular early childhood program less than 10 hours per week:
i. receives the majority of special education
and related services in the regular early childhood program;
ii. receives the majority of special
education and related services in some other location.
c. In early childhood special education -
separate class:
i. attends a special
education program in a class that includes less than 50 percent nondisabled
children. Special education programs include, but are not limited to special
education and related services provided in special education classrooms in
regular school buildings; trailers or portables outside regular school
buildings; child care facilities; hospital facilities on an outpatient basis;
and other community-based settings.
d. In early childhood special education -
separate school:
i. receives special
education in a public or private day school designed specially for children
with disabilities.
e. In
early childhood special education - residential facility:
i. receives special education in a public or
privately operated residential school or residential medical facility on an
inpatient basis.
f.
Receiving special education and related services at home:
i. when the child does not attend a regular
early childhood program or special education program, but the child receives
some or all of his/her special education and related services in the home.
Children who receive special education both in a service provider location and
at home should be reported in the home category.
g. Receiving special education and related
services at service provider location:
i.
when the child receives all of their special education and related services
from a service provider and does not attend an early childhood program or a
special education program provided in a separate class, separate school, or
residential facilities. For example, speech therapy is provided in private
clinicians' offices; clinicians' offices located in school buildings; hospital
facilities on an outpatient basis, and libraries and other public
locations.
2.
For Students who are Gifted and/or Talented Ages 3-5
a. Attending a regular early childhood
program at least 10 hours per week:
i.
receives the majority of special education and related services in the regular
early childhood program;
(a). regular early
childhood programs include, but are not limited to Head Start, kindergarten,
private kindergarten or preschools, preschool classes offered to an eligible
pre-kindergarten population by the LEA (e.g., LA 4, Title I), and group child
development center or child care;
ii. receives the majority of special
education and related services in some other location.
b. Attending a regular early childhood
program less than 10 hours per week:
i.
receives the majority of special education and related services in the regular
early childhood program;
ii.
receives the majority of special education and related services in some other
location.
c. In early
childhood special education - separate class:
i. attends a special education program in a
class that includes less than 50 percent nondisabled children. Special
education programs include, but are not limited to special education and
related services provided in special education classrooms in regular school
buildings; trailers or portables outside regular school buildings, and child
care facilities.
d. In
early childhood special education - residential facility:
i. attends a public or privately operated
residential school or residential medical facility on an inpatient
basis.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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