Chapter XLIII

A. General 1. A party, or the attorney representing a party, files a request for due process hearing by sending a written request for due process hearing to the LDE. Such request will remain confidential. 2. The party filing a request for due process hearing will forward a copy o…

A. General. The LDE adopts written procedures herein and in Bulletin 1573 - Complaint Management Procedures, for: 1. the purpose of resolving any complaint alleging that a public agency has violated a requirement of Part B of the Act, including a complaint filed by an organizatio…

A. A final hearing decision shall be reached and a copy of the decision mailed to each of the parties not later than 45 days after the expiration of the 30-day period under § 1510 . B or the adjusted time periods described in § 1510 . C B. 1. A hearing officer may grant specific …

A. Time Limit; Minimum Procedures. The time limits in this Section commence after LDE receives a signed written complaint filed in accordance with § 152 of this Chapter. The LDE will refer the complaint to the LEA superintendent, special education director/supervisor, or ERP repr…

A . Establishing Responsibility for Services . The governor of Louisiana or the designee of the governor shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each non-educational public agency described in Subsection B of…

A. The advisory panel shall perform the following prescribed duties in matters concerning the education of students with disabilities: 1. advise the LDE of unmet needs within the state in the education of students with disabilities; 2. comment publicly on any rules or regulations…

Age of Majority- eighteen years of age. At No Cost- all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to regular education students or their parents as a part of the regular educational program. Business…

A. Each LEA shall identify, locate, and evaluate each student suspected of having a disability (regardless of the severity of the disability), 3 through 21 years of age, residing within its jurisdiction. B. Each LEA is responsible for making available a free appropriate public ed…

A. Parental Consent for Initial Evaluation 1. a. The public agency proposing to conduct an initial evaluation to determine if a student qualifies as a student with a disability as defined in § 905 shall, after providing notice consistent with § 503 and 504, obtain informed consen…

A. Notice. The public agency shall provide notice to the parents of a student with a disability, in accordance with §504, that describes any evaluation procedures the agency proposes to conduct. B. Conduct of Evaluation. In conducting the evaluation, the public agency shall: 1. u…

A. Review of Existing Evaluation Data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under these regulations, the IEP Team and other qualified professionals, as appropriate, shall: 1. review existing evaluation data on the student, including: a…

A. General. Consistent with 34 CFR 300.309 , the LDE adopts the criteria for determining whether a student has a specific learning disability in Bulletin 1508 - the Pupil Appraisal Handbook. In addition, the criteria adopted by the LDE: 1. shall not require the use of a severe di…

A. General. Each public agency shall ensure that the rights of a student are protected when: 1. no parent (as defined in §905) can be identified; 2. the public agency, after reasonable efforts, cannot locate a parent; 3. the student is a ward of the state (including a ward of the…

A. General. When a student with a disability reaches the age of majority as defined in § 905 that applies to all students (except for a student with a disability who has been determined to be incompetent under state law), he or she shall be afforded those rights guaranteed at suc…

A. Case-by-Case Determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the requirements of this section, is appropriate for a student with a disability who violates a code of st…

A. Subgrants Required. If the LDE receives a grant under § 619 of the IDEA for any fiscal year, it shall distribute any funds the LDE does not reserve under § 802 to LEAs (including public charter schools that operate as LEAs) in the state that have established their eligibility …

A. Only those who are a registered interior designer licensed by the board may use the appellation registered interior designer or the plural thereof in advertising or in business usage when referring to themselves or services to be rendered. B. Definitions. The purpose of this S…

A. The board may suspend for a definite period or revoke any license of registration on those grounds mentioned in the Act, which include: 1. that the license or any renewal thereof was obtained by fraud, misstatement, or misrepresentation of fact; 2. that the holder of the licen…

A. If, after following the procedure in §1103, the board determine that a hearing is warranted, the following procedure should be followed. B. Proceedings to revoke, rescind or suspend the license of registration of an interior designer shall commence by any person filing a sworn…

A. Any HS (health, safety) program approved by the Interior Design Continuing Education Council (IDCEC) or any direct replacement entity will be pre-approved for credit by the board. W (welfare) programs approved by the Interior Design Continuing Education Council (IDCEC) are sub…

A. General. The LDE has in place a performance plan that evaluates the state's efforts to implement the requirements and purposes of part B of the IDEA, and describes how the state will improve such implementation. 1. The LDE has submitted the state's performance plan to the secr…

A. The secretary's review, determination, and enforcement regarding the state's performance shall be governed by 34 CFR 300.603 through 607 and 610. Notes La. Admin. Code tit. 28 , § XLIII-608 Promulgated by the Board of Elementary and Secondary Education, LR 34:2081 (October 200…

A. Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency. Notes La. Admin. Code tit. 28 , § XLIII-616 Promulgated by the Board of Elementary and Secondary Education, LR 34:208…

A. Each participating agency may charge a fee for copies of records that are made for parents under these regulations if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. B. A participating agency may not charge a fe…

A. General. The LDE shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the LEAs of the state with respect to: 1. the identification of students as students with disabili…

A. The legal relationship between the Louisiana Department of Health and Hospitals (DHH) and the Louisiana Department of Education (LDE), shall be governed by this section and §154, for the interagency coordination of the IDEA and the Louisiana Education of Children with Exceptio…

A. For the purposes of this Chapter, the following definitions apply. 1. Educational Services- all other services, including but not limited to academic services, extracurricular activities, transportation, related services for which DHH is not legally responsible, and any other …

A. In order to ensure that all services described in § 822 that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute, the following requirements are imposed on LDE and DHH. 1. Agency Financial Responsibility. All rel…

A. If DHH is otherwise obligated under federal or state law, or assigned responsibility under state policy or pursuant to § 819 through 823, to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services de…

A. If placement in a public or private residential program is necessary to provide special education and related services to a student with a disability, the program, including non-medical care and room and board, shall be at no cost to the parents of the student. Notes La. Admin…

A. Each public agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §905, are made available to a student with a disability if required as a part of the student's: 1. special education under §905; 2. relate…

A. General 1. Each public agency shall ensure that extended school year (ESY) services are available as necessary to provide FAPE, consistent with Paragraph A.2 of this Section; 2. extended school year services shall be provided only if a student's IEP Team determines, on an indi…

A. The LDE shall ensure the following. 1. Each public agency shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the student's IEP Team, to provide nonacademic and extracurricular services and activities in the mann…

A. The LDE shall ensure that public agencies in the state make available. 1. General. Physical education services, specially designed if necessary, to every student with a disability receiving FAPE, unless the public agency enrolls students without disabilities and does not provi…

A. The LDE shall have in effect policies and procedures to demonstrate that the LDE has established a goal of providing a full educational opportunity to all students with disabilities, aged birth through 21, and a detailed timetable for accomplishing that goal. Notes La. Admin. …

A. An organization or individual, including those from another state, may file a signed written complaint under the procedures described in §1151 B. The complaint shall include: 1. a statement that a public agency has violated a requirement of these regulations; 2. the facts on w…

A. Time Limit; Minimum Procedures. The time limits in this Section begin after the LDE receives a signed written complaint filed under § 1152 The LDE will refer the complaint to the LEA superintendent, special education director/supervisor, or ERP representative in accordance wit…

A. General. The LDE shall have procedural safeguards in effect to ensure that each public agency in the state meets the requirements of §500 B. Procedural Safeguards Identified. Students with disabilities and their parents shall be afforded the procedural safeguards identified in…

A. Students with disabilities shall be evaluated in accordance with § 301 of these regulations. Notes La. Admin. Code tit. 28 , § XLIII-122 Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008). AUTHORITY NOTE: Promulgated in accordance with R.…

A. The LDE shall have policies and procedures in effect to ensure that public agencies in the state comply with § 611 related to protecting the confidentiality of any personally identifiable information collected, used, or maintained under part B of the IDEA. Notes La. Admin. Cod…

A. Each LEA shall locate, identify, and evaluate all students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools, located in the school district served by the LEA, in accordance with Subsections B through E of thi…

A. General. To the extent consistent with the number and location of students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district served by the LEA, provision is made for the particip…

A. General. As used in these regulations, the term individualized education program or IEP, is a written statement for each student with an exceptionality that is developed, reviewed, and revised in a meeting in accordance with § 1320 and that shall include the following provisio…

A. Each LEA shall ensure that the IEP team for each student with an exceptionality includes all of the required participants, as listed below: 1. one or both of the parents of the student; 2. input from at least one regular education teacher of the student to the extent appropria…

A. LEAs shall take steps to ensure that one or both of the parents of the gifted and talented student are present at each IEP Team meeting or are afforded an opportunity to participate. LEAs shall contact the parent(s) in writing regarding each meeting early enough to ensure that…

A. The LDE shall ensure that a student with a disability who is placed in or referred to a private school or facility by a public agency: 1. is provided special education and related services: a. in conformance with an IEP that meets the requirements of § 320 through 325; and b. …

A. Parental Consent for Initial Evaluation 1. a. The public agency proposing to conduct an initial evaluation to determine if a student qualifies as a gifted or talented student as defined in § 1904 shall, after providing notice consistent with §1503, obtain written informed cons…