Chapter XLIII

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. General. Each public agency shall conduct a full and individual initial evaluation, in accordance with § 306 and 307, before the initial provision of special education and related services to a student with a disability under these regulations. B. Request for Initial Evaluatio…

A. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. Notes La. Admin. Code tit. 28 , § XLIII…

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. 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. 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. 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. 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. 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. Consistent with § 502 C, each public agency shall ensure that the parents of each student with a disability are members of any group that makes decisions on the educational placement of their child. Notes La. Admin. Code tit. 28 , § XLIII-327 Promulgated by the Board of Elemen…

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…

A. SSD may enter into interagency agreements with other State agencies which operate transition programs or day programs to provide appropriate educational services to students. This includes private providers of alternative educational services, as described in R.S. 17:100.1 , i…

A. The admission of a student by the state of Louisiana into a state-operated facility for a temporary program of respite care shall not automatically require enrollment in SSD for the purpose of these regulations. The admission of a student on an emergency basis shall not consti…

A. SSD shall retain full financial responsibility for all education programs administered by SSD. B. The entity housing an SSD program is responsible for providing all transportation services, including those contained in a student's IEP, and daily living supplies such as basic c…

A. The following requirements shall not apply to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons: 1. the requirements relating to participation of students with disabilities in general assessments; and 2. the requirements r…

A. In accordance with R.S. 17:1945 , SSD Board of Directors will supervise and oversee the administration of the BESE special schools. The Louisiana special schools are Louisiana School for the Deaf (LSD) and Louisiana School for the Visually Impaired (LSVI), and are state-operat…

A. Louisiana special schools are designated to provide FAPE for students who have been evaluated and classified as having low-incidence impairments, including but not limited to deafness and/or hearing loss, visual impairments, or orthopedic impairments, that meet the criteria fo…

A. Special education services provided by LSS to students with disabilities shall be provided in compliance with these regulations. Provision of services to other (gifted, talented or regular education) students is not governed by these regulations. Notes La. Admin. Code tit. 28 …

A. When an LEA requests that a student be enrolled in a LSS, the requesting LEA is to provide the LSS with documentation of the need for educating the student in the LSS, and B. prior to and during the admission consideration, the requesting LEA will be responsible for providing:…

A. If an LEA does not request enrollment to a LSS, a parent may request admittance to LSD or LSVI. This request is referred to as parent option. B. Prior to September 1 of each school year, LSD and LSVI shall determine starting enrollment/resource figures for: 1. the number of st…

A. Eligible students with disabilities, including those who can be served through regular education facilities, shall be admitted to and released from Louisiana Special Schools, according to procedures approved by BESE, which include the components listed below. B. 1. Each LSS sh…

A. Home visit transportation for residential students will be provided within the school calendar, which is updated and approved in accordance with BESE procedures. Additional home visit transportation costs will be borne by the parent unless otherwise provided in the IEP or scho…

A. The LDE shall ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of §501 Notes La. Admin. Code tit. 28 , § XLIII-501 Promulgated by the Board of Elementary and Secondary Education, LR 34:2068 (October 2008). A…

A. Opportunity to Examine Records . The parents of a student with a disability shall be afforded, in accordance with procedures of § 613 through 621, an opportunity to inspect and review all education records with respect to: 1. the identification, evaluation, and educational pla…

A. General 1. The parents of a student with a disability have the right under these regulations to obtain an independent educational evaluation of the student, subject to Subsections B through E of this Section. 2. Each public agency shall provide to the parent, upon request for …

A. Notice. Written notice that meets the requirements of Subsection B of this Section shall be given to the parents of a student with a disability within a reasonable amount of time, and no less than ten days, before the public agency: 1. proposes to initiate or change the identi…

A. General. A copy of the procedural safeguards entitled Louisiana's Educational Rights of Children with Disabilities shall be given to the parents of a student with a disability only one time a school year, except that a copy also shall be given to the parents: 1. upon initial r…

A. General . Mediation shall be available to allow parties to disputes involving any matter under these regulations, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process. B. Procedures. The LDE adopts the follow…

A. General 1. A parent or public agency may file a Request for Due Process Hearing on any of the matters described in § 504 . A.1 (relating to the identification, evaluation, or educational placement of a student with a disability, or the provision of FAPE to the student). 2. Pre…

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

A. The LDE has developed model forms to assist parents and public agencies in filing a request for due process hearing in accordance with § 507 . A through C and to assist parents and other parties in filing a state complaint under § 151 The forms may be found in the Louisiana's …

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 under §511, the LEA shall convene a meeting with the parent and the relevant member or members of the IEP Team who hav…

A. General. Whenever a request for due process hearing is received under § 507 or § 532 C, the parents or the LEA involved in the dispute shall have an opportunity for an impartial due process hearing, consistent with the procedures in §§507, 508, and 510. B. Agency Responsible f…

A. General . Any party to a hearing conducted pursuant to § 507 or § 530 has the right to: 1. be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of students with disabilities, except that whether parties have t…

A. Decision of Hearing Officer on the Provision of FAPE 1. Subject to Paragraph A.2 of this Section, a hearing officer's determination of whether the student received FAPE shall be based on substantive grounds. 2. In matters alleging a procedural violation, a hearing officer may …

A. Finality of Hearing Decision . A decision made in a hearing conducted pursuant to §507-513 or §530-534 is final, except that any party involved in the hearing may appeal the decision under the provisions of § 516 B. If a final hearing decision requires corrective action or oth…

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 § 510 . B or the adjusted time periods described in § 510 . C B. 1. A hearing officer may grant specific ex…

A. General . Any party aggrieved by the findings and decision made under §507-513 or §530-534 has the right to bring a civil action with respect to the due process complaint notice requesting a due process hearing under § 507 or §530-532 The action may be brought in any state cou…

A. In General 1. In any action or proceeding brought under Section 615 of the IDEA, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to: a. the prevailing party who is the parent of a student with a disability; b. the prevailing party who is…

A. Except as provided in §533, during the pendency of any administrative or judicial proceeding regarding a request for due process hearing under §507, unless the state or local agency and the parents of the student agree otherwise, the student involved in the complaint shall rem…