Chapter XLIII

A. Written notice shall be given to the parents of gifted and talented students a reasonable time before the LEA: 1. proposes to initiate or change the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education to t…

A. General . Mediation shall be available to allow parties to disputes involving any matter under these regulations. At a minimum, mediation shall be offered whenever a due process hearing is requested. However, mediation is available at any time, whether or not a request for due…

A. General 1. A parent or public agency may file a request for due process hearing on any of the matters under these regulations (relating to the identification, evaluation, or educational placement of a student with an exceptionality, or the provision of FAPE to the student). 2.…

A. The LDE will develop model forms to assist parents and public agencies in filing a request for due process hearing in accordance with these regulations and to assist parents and other parties in filing a state complaint under these regulations. The forms may be found on the LD…

A. Resolution Meeting 1. Within 15 days of receiving notice of the parent's request for due process hearing, and prior to the initiation of a due process hearing, the LEA shall convene a meeting with the parent and the relevant member or members of the IEP Team who have specific …

A. General. Whenever a request for due process hearing is received, the parents or the LEA involved in the dispute shall have an opportunity for an impartial due process hearing, consistent with the procedures in these regulations. B. Agency Responsible for Conducting the Due Pro…

A. An organization or individual, including those from another state, may file a signed written complaint under the procedures described in §151 B. The complaint shall include: 1. a statement that a public agency has violated a requirement of Part B of the IDEA or these regulatio…

A. When gifted or talented students reach the age of majority (18 years of age), which applies to all students, they shall be afforded those rights guaranteed at such age. 1. The LEA shall provide any notice required by these regulations to both the individual and the parent; and…

A. The state board shall provide a reasonable notice and an opportunity for a hearing according to procedures set out in Education Division General Administrative Regulations (EDGAR) at 34 CFR 76.401d before the LDE determines any LEA is ineligible for assistance under Part B of …

A. General. The LDE shall establish and maintain qualifications 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 prepared and…

A. Developing IEPs 1. Before a public agency places a student with a disability in, or refers a student to, a private school or facility, the agency shall initiate and conduct a meeting to develop an IEP for the student in accordance with §320 2. The agency shall ensure that a re…

A. The department shall prepare and submit to the state board for review and approval for the next fiscal year a comprehensive budget that at a minimum proposes the appropriations by the Louisiana Legislature of whatever state funds are needed by the department, special school di…

A. Each LEA requesting state or federal funds administered by the department shall do so according to the procedures established by the department. Notes La. Admin. Code tit. 28 , § XLIII-1703 Promulgated by the Board of Elementary and Secondary Education, LR 36:2026 (September 2…

A. In order to receive a grant in any fiscal year, the LDE shall comply with 34 CFR § 300.171 Notes La. Admin. Code tit. 28 , § XLIII-171 Promulgated by the Board of Elementary and Secondary Education, LR 34:2052 (October 2008). AUTHORITY NOTE: Promulgated in accordance with R.S.…

A. General. The LDE adopted the National Instructional Materials Accessibility Standard (NIMAS), published as Appendix C to Part 300 of the IDEA, for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner af…

A. Consistent with the purposes of these regulations and with Section 618 (d) of the IDEA, 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 w…

A. The Act -Sections 1941 of Chapter 8 of Title 17 of Louisiana Statutes of 1950, as amended. B. The Department -the State Department of Education (LDE). C. The Division -the Division of Special Populations of the Louisiana Department of Education. D. The State -the state of Loui…

A. Rulemaking. The LDE, when receiving funds under part B of IDEA, shall: 1. ensure that any state rules, regulations, and policies relating to these regulations conform to the purposes of these regulations; 2. identify in writing to local education agencies and the secretary of …

A. In providing services to all identified exceptional students, the number of students in each instructional setting shall not exceed the following numbers. Setting Preschool Elementary Secondary Self-Contained 25 27 Resource Center 55 55 Resource Departmentalized or Self-Contai…

A. An LEA is eligible for assistance under Part B of the IDEA for a fiscal year if the agency submits a plan that provides assurances to the LDE that the LEA meets each of the conditions in §202 Notes La. Admin. Code tit. 28 , § XLIII-201 Promulgated by the Board of Elementary an…

A. The LEA, in providing for the education of students with disabilities within its jurisdiction, shall have in effect policies, procedures, and programs that are consistent with the state's policies and procedures established under § 101 through 162, and §165 B. In meeting the r…

A. General. Amounts provided to the LEA under Part B of the IDEA: 1. shall be expended in accordance with applicable provisions of these regulations; 2. shall be used only to pay the excess cost of providing special education and related services to students with disabilities, co…

A. General. Except as provided in § 205 and 206, funds provided to an LEA under Part B of the IDEA shall not be used to reduce the level of expenditures for the education of students with disabilities made by the LEA from local funds below the level of those expenditures for the …

A. Notwithstanding the restriction in § 204 A, an LEA may reduce the level of expenditures by the LEA under part B of the IDEA below the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following: 1. the voluntary departure,…

A. Amounts in Excess. Notwithstanding § 203 . A.2 and B and § 204 A, and except as provided in Subsection D of this Section and 34 CFR 300.230(e)(2) , for any fiscal year for which the allocation received by an LEA under § 705 exceeds the amount the LEA received for the previous …

A. General. Notwithstanding the provisions of § 203 or any other provision of Part B of the Act, an LEA may use funds received under Part B of the IDEA for any fiscal year to carry out a school-wide program under Section 1114 of the ESEA, except that the amount used in any school…

A. Rights of Students with Disabilities. Students with disabilities who attend public charter schools and their parents retain all rights under these regulations. B. Charter schools that are public schools of the LEA 1. In carrying out Part B of the IDEA, and these regulations, w…

A. General . Each LEA that chooses to coordinate with the National Instructional Materials Access Center (NIMAC), when purchasing print instructional materials, shall acquire those instructional materials in the same manner, and subject to the same conditions as the LDE in these …

A. The LEA shall provide the LDE with information necessary to enable the LDE to carry out its duties under Part B of the IDEA including, with respect to § 157 and §160, information relating to the performance of students with disabilities participating in programs carried out un…

A. The LEA shall make available to parents of students with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the IDEA. Notes La. Admin. Code tit. 28 , § XLIII-213 Promulgated by the Board of Elementary and Secondary Ed…

A. The LEA shall cooperate in the secretary's efforts under Section 1308 of the ESEA to ensure the linkage of records pertaining to migratory students with disabilities for the purpose of electronically exchanging, among the states, health and educational information regarding th…

A. General. An LEA may not use more than 15 percent of the amount the LEA receives under Part B of the IDEA for any fiscal year, less any amount reduced by the LEA pursuant to §205, if any, in combination with other amounts (which may include amounts other than education funds), …

A. General 1. The LDE shall use the payments that would otherwise have been available to an LEA or to a state agency to provide special education and related services directly to students with disabilities residing in the area served by that LEA, or for whom that state agency is …

A. Any state agency that desires to receive a subgrant for any fiscal year under § 705 shall demonstrate to the satisfaction of the LDE that: 1. all students with disabilities who are participating in programs and projects funded under Part B of the IDEA receive FAPE, and that th…

A. The LEA shall include in the records of a student with a disability, the state required forms listing suspensions or expulsions in the current or previous school year that have been taken against the student, and transmit the forms to the same extent that the disciplinary info…

A. General. A public agency shall ensure that a reevaluation of each student with a disability is conducted in accordance with § 305 through 308: 1. if the public agency determines that the educational or related services needs, including improved academic achievement and functio…

A. General. Upon completion of the administration of assessments and other evaluation measures: 1. a group of qualified professionals and the parent of the student shall determine whether the student is a student with a disability, as defined in §905, in accordance with Subsectio…

A. General. As used in these regulations, the term individualized education program or IEP , a written statement for each student with a disability that is developed, reviewed, and revised in a meeting in accordance with § 320 and that shall include: 1. a statement of the student…

A. The public agency shall ensure that the IEP Team for each student with a disability includes: 1. one or both of the parents of the student; 2. not less than one regular education teacher of the student (if the student is, or may be, participating in the regular education envir…

A. Public Agency Responsibility-General . Each public agency shall take steps to ensure that one or both of the parents of the student with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including: 1. notifying parents of the mee…

A. General. At the beginning of each school year, each public agency shall have in effect, for each student with a disability within its jurisdiction, an IEP, as defined in § 320 B. IEPs for Students Aged 3 through 5 1. In the case of student with a disability aged 3 through 5, t…

A. Development of IEP 1. General. In developing each student's IEP, the IEP Team shall consider: a. the student's strengths; b. the concerns of the parents for enhancing the education of their child; c. the results of the initial evaluation or most recent evaluation of the studen…

A. When conducting IEP Team meetings and placement meetings pursuant to Chapters 3 and 5 of these regulations, and carrying out administrative matters under Section 615 of the IDEA (such as scheduling, exchange of witness lists, and status conferences), the parent of a student wi…

A. The Special School District (SSD) Board of Directors is the governing authority of the SSD. Notes La. Admin. Code tit. 28 , § XLIII-401 Promulgated by the Board of Elementary and Secondary Education, LR 34:2065 (October 2008), Amended LR 48 35 ( 1/1/2022 ). AUTHORITY NOTE: Pro…

A. Special education services provided by SSD to students with disabilities shall be provided in compliance with these regulations. Provision of services to other students (gifted or talented or regular education) is not governed by these regulations. Notes La. Admin. Code tit. 2…

A. For the purpose of this Chapter, facility shall refer to the agency or site that houses an SSD program. Facility does not include SSD, which does not operate any facilities but provides educational services to residents or clients at facilities operated by other agencies. Note…

A. SSD shall be responsible for providing special education and related services to any student with disabilities who is enrolled in any state-operated facility as a resident of the facility and for providing appropriate educational services to any eligible student enrolled in an…