Chapter XLIII

A. General. A free appropriate public education shall be available to all students residing in the state between the ages of 3 and 21, inclusive, including students with disabilities who have been suspended or expelled from school as provided for in § 530 . D 1. In accordance wit…

A. General. The obligation to make FAPE available to all students with disabilities does not apply with respect to the following. 1. Students aged 18 through 21 who, in the last educational placement prior to their incarceration in an adult correctional facility: a. were not actu…

A. The state of Louisiana may use whatever state, local, federal, and private sources of support are available in the state to meet the requirements of these regulations. If it is necessary to place a student with a disability in a residential facility, for example, the state cou…

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. The LDE shall ensure that each public agency takes steps to ensure that the students with disabilities residing in the area served by the public agency have available to them the variety of educational programs and services available to non-disabled students, including but not…

A. The Louisiana State Board of Elementary and Secondary Education (the state board) shall be responsible for the assurance of a free appropriate public education to all gifted and talented students ages three through twenty-one years unless the student exits with a high school d…

A. The state board shall adopt, amend, or repeal rules, regulations, standards, and policies necessary or proper for the provision of a free appropriate public education developed pursuant to R.S. 17:1941 Notes La. Admin. Code tit. 28 , § XLIII-1102 Promulgated by the Board of El…

A. The state board has the responsibility of complying with rules and regulations governing grants for educational purposes from the federal government or from any other person or agency, which are not in contravention to the Constitution and laws, and the authority to take all a…

A. The department shall ensure that each LEA take steps to ensure that its gifted and talented students residing in the area served by the LEA have available to them the variety of educational programs and services available to all students in the area served by the agency. Notes…

A. Each LEA, in accordance with the requirements of this subpart, shall document that the effort of ongoing identification activities is conducted to identify and locate each student who is under its jurisdiction, who is suspected of being gifted or talented in visual arts, music…

A. General 1. The LDE shall ensure that: a. all students with disabilities residing in the state, including students with disabilities who are homeless children or who are wards of the state, and students with disabilities attending private schools, regardless of the severity of …

A. Facilities identified as being for gifted and talented students and the services and activities provided therein shall meet the same standards and level of quality as do the facilities, services, and activities provided to other students. Notes La. Admin. Code tit. 28 , § XLII…

A. Each local educational agency (LEA) shall establish and implement procedural safeguards that meet the requirements of these regulations. Notes La. Admin. Code tit. 28 , § XLIII-1118 Promulgated by the Board of Elementary and Secondary Education, LR 36:2012 (September 2010). AU…

A. The LDE shall ensure that an IEP, that meets the requirements of Section 636(d) of the IDEA, is developed, reviewed, and revised for each student with a disability in accordance with § 320 through 324, except as provided in §301B.3.b. Notes La. Admin. Code tit. 28 , § XLIII-11…

A. Definitions Private School Students -students enrolled by their parents in private schools or facilities. B. Private school gifted and talented students shall be identified, located, and evaluated through prescribed procedures. 1. Each LEA shall locate, identify, and evaluate …

A. Hearing Aids. Each public agency shall ensure that hearing aids worn in school by students are functioning properly. B. External components of surgically implanted medical devices. 1. Subject to Paragraph B.2 of this Section, each public agency shall ensure that the external c…

A. The state Superintendent of Public Elementary and Secondary Education (the superintendent) and the state Department of Education (the LDE) shall administer those programs and policies necessary to implement R.S. 17:1941 et seq. Responsibilities of the state superintendent and …

A. General. The LDE shall establish and maintain qualifications of personnel through Bulletin 746- Louisiana Standards for State Certification of School Personnel , to ensure that personnel necessary to carry out the purposes of these regulations are appropriately and adequately …

A. The department will describe the strategies the state will use to address the needs identified. The strategies will include how the state will address the identified needs for in-service and pre-service preparation to ensure that all personnel who work with gifted and talented…

A. General 1. Except as provided in § 324 . D.2 (regarding students with disabilities in adult prisons), the LDE adopts the policies and procedures in this Section and in § 115 to ensure that public agencies in the state meet the federal LRE requirements of this Section and §115 …

A. The Division of Special Populations is established within the department to provide general supervision of all education programs for gifted and talented students within the state. General supervision is defined as the responsibility to perform functions prescribed by the stat…

A. Each public agency shall ensure that a continuum of alternative educational placements is available to meet the need of students with disabilities for special education and related services. B The continuum required in Subsection A of this Section shall: 1. include the alterna…

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 the Louisiana Children with Exceptionalities Act , R.S. 17:1941 , including a comp…

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. The department will analyze state and local needs for professional development for personnel to serve gifted and talented students: the number of personnel providing special education and related services; relevant information on current and anticipated personnel vacancies and…

A. In determining the educational placement of a student with a disability, including a preschool student with a disability, each public agency shall ensure that: 1. the placement decision: a. is made by a group of persons including the parents and other persons knowledgeable abo…

A. Each LEA shall designate a contact person for the gifted and talented programs. Notes La. Admin. Code tit. 28 , § XLIII-1167 Promulgated by the Board of Elementary and Secondary Education, LR 36:2015 (September 2010). AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941…

A. In providing or arranging for the provision of nonacademic and extracurricular services and activities including meals and recess periods and the services and activities set forth in §107, each public agency shall ensure that each student with a disability participates with no…

A. The department shall comply with all statutes and regulations prohibiting discrimination on the basis of race, color, national origin, sex, disability and age. Notes La. Admin. Code tit. 28 , § XLIII-1173 Promulgated by the Board of Elementary and Secondary Education, LR 36:20…

A. Consistent with the purposes of these regulations, the LDE establishes the following policies and procedures to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of students as students with exceptionalities. 1. The LDE shal…

A. Except as provided in § 149 . D (regarding agency responsibility for general supervision for some individuals in adult prisons), the LDE shall ensure that § 114 is effectively implemented, including, if necessary, making arrangements with public and private institutions (such …

A. The LDE shall carry out activities to ensure that teachers and administrators in all public agencies: 1. are fully informed about their responsibilities for implementing §114; and 2. are provided with technical assistance and training necessary to assist them in this effort. N…

A. The LDE shall carry out activities to ensure that § 114 is implemented by each public agency. B. If there is evidence that a public agency makes placements that are inconsistent with §114, the LDE shall: 1. review the public agency's justification for its actions; and 2. assis…

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 identify, locate, and evaluate each student suspected of having an exceptionality as gifted or talented in visual arts, music or theatre 3 through 21 years of age, residing within its jurisdiction. B. Each LEA is responsible for making available a free appropria…

A. The state shall have in effect policies and procedures to ensure that: 1. children participating in early intervention programs assisted under Part C of the IDEA, and who will participate in preschool programs assisted under Part B of the IDEA, experience a smooth and effectiv…

A. The state shall have in effect policies and procedures that ensure that LEAs, and, if applicable, the LDE, meet the private school requirements in §130 Notes La. Admin. Code tit. 28 , § XLIII-129 Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (Octob…

A. Parentally-Placed Private School Students with Disabilities -students with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary or secondary school as defined in §905, other than students with disa…

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…

A. The department shall, with the approval of the SBESE, establish procedures as found in § 1305 to ensure that testing and evaluation materials used for evaluation and placement are free of racial, cultural, and/or gender bias. Notes La. Admin. Code tit. 28 , § XLIII-1303 Promul…

A. Refer to Bulletin 1508- The Pupil Appraisal Handbook . Notes La. Admin. Code tit. 28 , § XLIII-1305 Promulgated by the Board of Elementary and Secondary Education, LR 36:2017 (September 2010). AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.

A. In providing services to all identified students with disabilities, the number of students in each instructional setting shall not exceed the following numbers. 1. Self-Contained Classrooms Self-Contained Classrooms Preschool Elementary Secondary Autism 4 4 4 Blindness 7 9 9 D…