Louisiana Administrative Code
Title 28 - EDUCATION
Part XCVII - Bulletin 1530-Louisiana's IEP Handbook for Students with Exceptionalities
Chapter 3 - IEP Development
Section XCVII-303 - Initial IEPs
Universal Citation: LA Admin Code XCVII-303
Current through Register Vol. 50, No. 9, September 20, 2024
A. Program Considerations for Students with Disabilities. Program decisions shall be made and written on the IEP in the following areas that form the basis for the placement.
1. General information about the
student, including
2. the student's
strengths; and
3. the concerns of
the parents for enhancing the education of their child; and
4. the results of the initial evaluation or
most recent reevaluation of the student; and
5. the student's present levels of academic
achievement, developmental, and functional needs; and
a. how the student's disability affects the
student's involvement and progress in the general education curriculum;
and
b. how to determine when the
student with a disability needs instructional materials in accessible formats
(e.g., large print, Braille, digital, and/or audio); and
c. for preschool students, as appropriate,
how the disability affects the student's participation in appropriate
activities; and
6. as
appropriate, the results of the student's performance on any general state- or
district-wide assessment program.
7. T he IEP Team shall also consider any of
the following special factors:
a. for a
student whose behaviors impede his or her learning or that of others, consider
the use of positive behavioral intervention and supports, and other supports to
address that behavior;
b. for a
student with limited English proficiency, consider the language needs of the
student as those needs relate to the student's IEP;
c. for a student who is blind or visually
impaired, provide for instruction in Braille and the use of Braille unless the
IEP Team determines, after an evaluation of the student's reading and writing
skills, needs, and appropriate reading and writing media (including an
evaluation of the student's future needs for instruction in Braille or the use
of Braille), that instruction in Braille or the use of Braille is not
appropriate for the student;
d. the
communication needs of the student, and in the case of a student who is deaf or
hard-of-hearing, consider the student's language and communication needs,
opportunities for direct communications with peers and professional personnel
in the student's language and communication mode, academic level, and a full
range of needs, including opportunities for direct instruction in the student's
language and communication mode;
e.
whether the student requires assistive technology devices and services based on
assessment/evaluation results;
f.
for a student who has health problems, the needs to be met during the school
day. These needs would include such medical conditions as asthma, diabetes,
seizures, or other diseases/disorders that may require lifting and positioning,
diapering, assistance with meals, special diets, or other health
needs.
8. The measurable
annual academic and functional goals, designed to 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,
a. shall be based on the academic standards
for the grade in which the student is enrolled; and
b. shall be based on each of the student's
other educational needs that result from the student's disability;
and
c. short-term
objectives/benchmarks shall be required for students with significant cognitive
disabilities or functions like a student with significant cognitive
disabilities at all ages and grade levels, including preschool-aged students;
i. short-term objectives/benchmarks shall be
required for students who participate in LAA 1 (the alternate assessment
aligned to alternate achievement standards);
ii. IEP Teams may continue to develop
short-term instructional objectives or develop benchmarks that should be
thought of as describing the amount of progress the student is expected to make
within a specified segment of the year. Generally, benchmarks establish
expected performance levels that allow for regular checks of progress to
coincide with the reporting periods for informing parents of their child's
progress toward achieving the annual goals. An IEP Team may use either
short-term objectives or a combination of the two, depending on the nature of
the annual goals and needs of the child.
d. The participation in appropriate
activities for the preschool-aged student.
9. The special educational and related
services and supplementary aids and services to be provided to the student, or
on behalf of the student, and the program modifications or supports for school
personnel will be provided for the student
a.
to advance appropriately toward attaining the measurable annual goals;
and
b. to be involved and make
progress in the general education curriculum and to participate in
extracurricular and other nonacademic activities; and
c. to be educated and participate with other
students with and without disabilities in the activities.
10. An explanation is given to the extent in
which the student will not participate with students without disabilities in
the regular class and extracurricular and other nonacademic
activities.
11. The participation
in the annual statewide assessment for the student in grades 3-11; and
a. the need for any individual accommodations
in the administration of state- or district-wide assessments of academic
achievement; and
b. when the IEP
Team determines the student shall participate in an alternate assessment
instead of the regular statewide assessment, a statement of why
i. the student cannot participate in the
regular assessment; and
ii. the
particular assessment selected as appropriate for the student.
12. The anticipated
frequency, location, and duration of the special educational services and
modifications.
13. The type of
physical education program to be provided.
14. For each student beginning at age 16,
transition service needs that focus on the student's courses of study; and
a. for each student not later than the first
IEP to be in effect when the child turns 16, or younger, when determined
appropriate by the IEP Team, and updated annually thereafter, the needed
transition services including any interagency responsibilities or
linkages.
15. The need
for extended school year services (refer to Chapter 7) based on student
performance on academic/functional goals and/or objectives/ benchmarks.
a. The IEP Team will consider the
criterion/criteria to make the ESY determination and what data must be
collected to make that decision. The data collected through progress monitoring
(e.g., grades, progress reports, behavior checklists, task analyses, teacher
observation logs, etc.) shall be reviewed to determine the progress the student
makes toward acquisition of the measurable annual goals and/or
objectives/benchmarks, and whether the data supports that, the student meets
any of the criteria for ESY eligibility.
B. Program Considerations for Students who are Gifted and/or Talented. Program decisions shall be made and written on the Gifted/Talented IEP in the following areas that form the basis for the placement.
1. General information about the
student, including student interests; and
a.
in the case of a student with limited English proficiency, whose language needs
relate to the student's IEP;
2. the student's strengths;
3. the concerns of the parents for enhancing
the education of their child;
4. as
appropriate, the results of the student's performance on any general state- or
district-wide assessment program for students in grades 3 -11;
5. the results of the initial evaluation or
most recent reevaluation of the student;
6. input from the regular education teacher
regarding student classroom performance, including academic achievement and
social skills;
7. any pertinent
social and emotional needs;
8. the
student's present levels of educational performance, including the student's
academic achievement and social/emotional needs;
9. the measurable annual academic and/or
enrichment and/or social goals;
a. meeting
the student's needs that result from the student's exceptionality and progress
in an accelerated and enriched curriculum, and
b. meeting each of the student's other
educational needs that result from the student's exceptionality, and
i. in the case of a student whose behaviors
impede his or her learning or that of others, consider the use of positive
behavioral intervention strategies and other supports to address that
behavior;
c. the
participation in appropriate activities for the preschool-aged
student;
10. the related
services, which may include transportation and counseling;
11. the accommodations needed for
instructional and statewide assessment purposes must be documented on the
Section 504 Individual Accommodation Plan (IAP). A copy of the
IAP should be kept in the student's IEP folder;
12. and the anticipated frequency, location,
and duration of the special education services.
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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