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La. Rev. Stat. § 17:1942 (2026)

Definitions

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§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.

           Acts 1977, No. 754, §1; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998; Acts 2008, No. 376, §1, eff. August 15, 2008; Acts 2017, No. 146, §3, eff. Aug. 1, 2017

Acts 2022, No. 374, §1, eff. August 1, 2022.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1973–2025 · leading case: Baheth v. Lafayette Par. Sch. Sys., 245 So. 3d 1252 (La. Ct. App. 2018).
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Baheth v. Lafayette Par. Sch. Sys., 245 So. 3d 1252 (La. Ct. App. 2018). “R.S. 17:1942(B). Relying upon the EOSE's definitions, the Board contends that Ms.”
Lebanks v. Spears, 60 F.R.D. 135 (E.D. La. 1973). “-R.S. 17:1942, subd. B, as amended. . L.S.”
Herbert v. St James Par. Sch. Bd., No. 2:25-cv-00758 (E.D. La. June 16, 2025). “R.S. 17:1942(B)(3)(b), (c). Because D.H.’s parents are not divorced and he is not in foster care, these sections are inapplicable.”
Durham v. State ex rel. Dep't of Educ., 638 So. 2d 1129 (La. Ct. App. 1994). “” LSA-R.S. 17:1942 states: “The purpose of this Part is to assure and require that the state shall fund a program of special education and related services for the exceptional children of this state, and that this program shall be administered by the Department of Education…”
La. Rev. Stat. § 17:1942(B): 1 case
Baheth v. Lafayette Par. Sch. Sys., 245 So. 3d 1252 (La. Ct. App. 2018). “R.S. 17:1942(B). Relying upon the EOSE's definitions, the Board contends that Ms.”
La. Rev. Stat. § 17:1942(B)(3)(b): 1 case
Herbert v. St James Par. Sch. Bd., No. 2:25-cv-00758 (E.D. La. June 16, 2025). “R.S. 17:1942(B)(3)(b), (c). Because D.H.’s parents are not divorced and he is not in foster care, these sections are inapplicable.”
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