Chapter XLIII

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. 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. 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. 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…

Adapted Physical Education -specially designed physical education for eligible students with disabilities. Administrative Law Judge -an employee of the Division of Administrative Law that has the qualifications and authority as listed in R.S. 49:994 . Age of Majority -as defined …

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…

A. The student's IEP Team determines the interim alternative educational setting for services under § 530 C, D.5 and G. Notes La. Admin. Code tit. 28 , § XLIII-531 Promulgated by the Board of Elementary and Secondary Education, LR 34:2078 (October 2008). AUTHORITY NOTE: Promulgat…

A. General. The parent of a student with a disability who disagrees with any decision regarding placement under § 530 and 531, or the manifestation determination under § 530 E, or an LEA that believes that maintaining the current placement of the student is substantially likely t…

A. When an expedited hearing under § 532 has been requested by either the parent or the LEA, the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in § 530 . C or G,…

A. General. A student who has not been determined to be eligible for special education and related services under these regulations and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in these regulations if the …

A. Rule of Construction. Nothing in these regulations prohibits an agency from reporting a crime committed by a student with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to th…

A. For purposes of removals of a student with a disability from the student's current educational placement under § 530 through 535, a change of placement occurs if: 1. the removal is for more than 10 consecutive school days; or 2. the student has been subjected to a series of re…

A. Notwithstanding § 506 . B.7 2, which provide for judicial enforcement of a written agreement reached as a result of mediation or a resolution meeting, there is nothing in these regulations that would prevent the LDE from using other mechanisms to seek enforcement of that agree…

A. As used in these Sections 541 through 543: 1. Imminent Risk of Harm - an immediate and impending threat of a person causing substantial injury to self or others; 2. Mechanical Restraint - a. the application of any device or object used to limit a person's movement; b. does not…

A. Seclusion shall be used only: 1. for behaviors that involve an imminent risk of harm; 2. as a last resort when de-escalation attempts have failed and the student continues to pose an imminent threat to self or others. B. Seclusion shall not be used to address behaviors such as…

A. General. The LDE shall use the targets established in the state's performance plan under § 602 and the priority areas described in § 601 . D to analyze the performance of each LEA. B. Public Reporting and Privacy 1. Public Report a. Subject to Subparagraph B.1.b of this Sectio…

A. Review. The LDE shall annually review the performance of each LEA located in the state based on the targets in the state's performance plan. B. Determination 1. General. Based on the information provided by the LEAs and reported in the state's annual performance report, inform…

A. Needs Assistance. If the LDE determines, for two consecutive years, that an LEA needs assistance under § 604 . B.1.b in implementing the requirements of part B of the IDEA, the LDE takes one or more of the following actions: 1. advises the LEA of available sources of technical…

A. Opportunity for Hearing. Prior to withholding any funds under these regulations and part B of the IDEA, the LDE shall provide reasonable notice and an opportunity for a hearing to the public agency involved, in accordance with § 155 of these regulations and Bulletin 1922 - Com…

A. If the LDE receives notice that the secretary is proposing to take or is taking an enforcement action pursuant to §603, the LDE must, by means of a public notice, take such actions as may be necessary to notify the public within the state of the pendency of an action pursuant …

Destruction- physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. Education Records- the type of records covered under the definition of "education records" in 34 CFR part 99 (the regulations implem…

A. The LDE shall give notice that is adequate to fully inform parents about the requirements of §123, including: 1. a description of the extent that the notice is given in the native languages of the various population groups in the state; 2. a description of the students on whom…

A. Each participating agency shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under these regulations. The agency shall comply with a request without unnecessary delay and before any …

A. Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used under part B of the IDEA (except access by parents and authorized employees of the participating agency), including the name of the party, the date acc…

A. If any education record includes information on more than one student, the parents of those students have the right to inspect and review only the information relating to their child or to be informed of that specific information. Notes La. Admin. Code tit. 28 , § XLIII-615 Pr…

A. A parent who believes that information in the education records collected, maintained, or used under these regulations is inaccurate or misleading or violates the privacy or other rights of the student may request the participating agency that maintains the information to amen…

A. The agency shall, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. Notes La. Admin. Code tit. 28 , § XLIII-61…