§ 17:1942 — Definitions

§1942. Definitions
A. For purposes of this Chapter, the definitions in the Individuals with Disabilities
Education Improvement Act of 2004 are hereby adopted unless otherwise provided by this
Chapter or duly adopted regulations or policies.
B. As used in this Part, the following terms have the following meanings:
(1) "Education service agency" means a regional public multiservice administrative
agency authorized by state law to develop, manage, and provide services or programs to local
education agencies and includes any other public institution or agency having administrative
control and direction over a public elementary or secondary school.
(2) "Local education agency" means a public board of education or other public
authority legally constituted within Louisiana for administrative control and direction of or
to perform a service function for public elementary or secondary schools in a city, parish, or
other local public school district or other political subdivision. The term includes an
education service agency and special schools and school districts as that term is used in R.S.
17:1945 and any other public institution or agency having administrative control and
direction of a public elementary or secondary school.
(3) "Resident" as it applies to a student with an exceptionality for purposes of this
Chapter means any one of the following:
(a) The student is a resident within the geographical boundaries of the local
education agency in which the student's parent or parents have their legal residence, unless
the parent or parents have relinquished custody of the student. In such case, the student is
a resident within the geographical boundaries of the local education agency in which the
student's legal custodian or custodians have their legal residence.
(b) If a student's parents are divorced, the student is a resident of the local education
agency in which the student's domiciliary or custodial parent or parents have their legal
residence.
(c) If a student is in foster care, the student is a resident of the local education agency
in which the parent or parents with whom the student lived immediately prior to being placed
into foster care have their legal residence.
(4) "Student with an exceptionality", including a student with a disability, means any
student who is evaluated according to state and federal regulation or policy and is deemed
to have a mental disability, hearing loss (including deafness), multiple disabilities,
deaf-blindness, speech or language impairment, visual impairment (including blindness),
emotional disturbance, orthopedic impairment, other health impairment, specific learning
disability, traumatic brain injury, autism, or is deemed to be gifted or talented, and as a result
requires special education and related services. A student with an exceptionality may
include, as determined by the local education agency, a student experiencing developmental
delay ages three through eight.

Legislative History

Acts 1977, No. 754, §1; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998; Acts 2008, No. 376, §1; Acts 2017, No. 146, §3; Acts 2022, No. 374, §1.