Chapter XLIII

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. 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. 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. 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. 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. 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. Each completed IEP shall contain a general overview of the student's instructional needs. Required components are listed below: 1. the student's strengths and interests; 2. the concerns of the parents for enhancing the education of their child; 3. the results of the initial ev…

A. The LEA shall provide special education and related services to gifted and talented students in accordance with the student's IEP. B. The LEA shall make a good faith effort to assist the student to achieve the goals listed in the IEP. C. No state agency, teacher, or other pers…

A. LEA shall identify a student as suspected of being gifted and talented by the School Building Level Committee (SBLC) according to Bulletin 741- The School Administrator's Handbook . This committee shall coordinate and document the results, as appropriate, of educational screen…

A. Students who have been receiving gifted and talented services in one LEA in Louisiana and who transfer to another LEA within Louisiana shall be enrolled in the appropriate special education program in the new LEA with the current IEP or the development of a review IEP within f…

A. Students out of school, including students ages 3 through 22 years who are suspected of being gifted or talented who have left a public school without completing their public education by obtaining a state diploma, shall be referred to Child Find, who shall locate and offer en…

A. Services on Private School Premises. Services to parentally-placed private school students with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law. B. Transportation 1. General a. If necessary for the studen…

A. To ensure timely and meaningful consultation, an LEA, or, if appropriate, the LDE, shall consult with private school representatives and representatives of parents of parentally-placed private school students with disabilities during the design and development of special educa…

A. When timely and meaningful consultation, as required by §134, has occurred, the LEA shall obtain a written affirmation signed by the representatives of participating private schools. B. If the representatives do not provide the affirmation within a reasonable period of time, t…

A. General. A private school official has the right to submit a complaint to the LDE that the LEA: 1. did not engage in consultation that was meaningful and timely; or 2. did not give due consideration to the views of the private school officials. B. Procedure: 1. if the private …

A . No Individual Right to Special Education and Related Services. No parentally-placed private school student with a disability has an individual right to receive some or all of the special education and related services that the student would receive if enrolled in a public sch…

A. General 1. The services provided to parentally-placed private school students with disabilities shall be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers …

A. The LEA may not use funds provided under § 611 or § 619 of the IDEA to finance the existing level of instruction in a private school or to otherwise benefit the private school. B. The LEA shall use funds provided under Part B of the IDEA to meet the special education and relat…

A. Use of Public School Personnel. An LEA may use funds available under § 611 of the IDEA to make public school personnel available in other than public facilities: 1. to the extent necessary to provide services under § 130 for parentally-placed private school students with disab…

A. An LEA may not use funds available under § 611 of the IDEA for classes that are organized separately on the basis of school enrollment or religion of the students if: 1. the classes are at the same site; and 2. the classes include students enrolled in public schools and studen…

A. A public agency shall control and administer the funds used to provide special education and related services under § 137 through 139, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the IDEA.…

A. Sections 146 apply only to students with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services. Notes La. Admin. Code tit. 28 , § XLIII-145 Promulgated by the Bo…

A. In implementing §146, the LDE shall: 1. monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires; 2. disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a…

A. The LDE shall ensure: 1. that all requirements under these regulations are carried out; and 2. that each educational program for students with disabilities administered within the state, including each program administered by any other state or local agency (but not including …

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…