Chapter XLIII

A. General. Each public agency shall ensure that the rights of a student are protected when: 1. no parent (as defined in §905) can be identified; 2. the public agency, after reasonable efforts, cannot locate a parent; 3. the student is a ward of the state (including a ward of the…

A. General. When a student with a disability reaches the age of majority as defined in § 905 that applies to all students (except for a student with a disability who has been determined to be incompetent under state law), he or she shall be afforded those rights guaranteed at suc…

A. Case-by-Case Determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the requirements of this section, is appropriate for a student with a disability who violates a code of st…

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. Physical restraint shall be used only: 1. when a student's behavior presents a threat of imminent risk of harm to self or others and only as a last resort to protect the safety of self and others; 2. to the degree necessary to stop dangerous behavior; and 3. in a manner that c…

A. Seclusion and physical restraint shall not be used as a form of discipline or punishment, as a threat to control, bully, or obtain behavioral compliance, or for the convenience of school personnel. B. No student shall be subjected to unreasonable, unsafe, or unwarranted use of…

A. The LDE shall monitor the implementation of these regulations, enforce these regulations in accordance with § 605 and Bulletin 1922- Compliance Monitoring Procedures, and annually report on performance under these regulations. The LDE shall: 1. monitor the implementation of th…

A. General. The LDE has in place a performance plan that evaluates the state's efforts to implement the requirements and purposes of part B of the IDEA, and describes how the state will improve such implementation. 1. The LDE has submitted the state's performance plan to the secr…

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 …

A. The secretary's review, determination, and enforcement regarding the state's performance shall be governed by 34 CFR 300.603 through 607 and 610. Notes La. Admin. Code tit. 28 , § XLIII-608 Promulgated by the Board of Elementary and Secondary Education, LR 34:2081 (October 200…

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. Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency. Notes La. Admin. Code tit. 28 , § XLIII-616 Promulgated by the Board of Elementary and Secondary Education, LR 34:208…

A. Each participating agency may charge a fee for copies of records that are made for parents under these regulations if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. B. A participating agency may not charge a fe…

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…

A. If, as a result of the hearing, the agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall amend the information accordingly and so inform the parent in writing. B. If, as a result of the …

A. A hearing held under § 619 shall be conducted according to the procedures in 34 CFR 99.22 . Notes La. Admin. Code tit. 28 , § XLIII-621 Promulgated by the Board of Elementary and Secondary Education, LR 34:2083 (October 2008). AUTHORITY NOTE: Promulgated in accordance with R.S…

A. Parental consent shall be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with Paragraph B.1 of this Section, unless the information is contained in education records, and the disclosure …

A. Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. B. One official at each participating agency shall assume responsibility for ensuring the confidentiality of any perso…

A. The public agency shall inform parents when personally identifiable information collected, maintained, or used under these regulations is no longer needed to provide educational services to the student. B. The information shall be destroyed at the request of the parents. Howev…

A. The LDE shall have in effect policies and procedures regarding the extent to which students are afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the student and type or severity of disability. B. Under the regulations for FE…

A. The LDE shall have in effect the policies and procedures, including sanctions that the state uses, to ensure that its policies and procedures consistent with § 611 are followed and that the requirements of the IDEA and these regulations are met. Notes La. Admin. Code tit. 28 ,…

A. General. The LDE shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the LEAs of the state with respect to: 1. the identification of students as students with disabili…

A. Purpose of Grants. The Secretary makes grants to the state to assist the state in providing special education and related services to students with disabilities in accordance with part B of the IDEA. B. The secretary's allotments, grants, and use of funds to the state are gove…

A. State Administration. For the purpose of administering part B of the IDEA, including Subsection C of this Section, section 619 of the IDEA, and the coordination of activities under part B of the IDEA with, and providing technical assistance to, other programs that provide serv…

A. Subgrants Required. If the LDE receives a grant under § 611 of the IDEA for any fiscal year, it shall distribute any funds the LDE does not reserve under § 704 to LEAs (including public charter schools that operate as LEAs) in the state that have established their eligibility …

A. As used in this chapter: 1. State- the state of Louisiana; and 2. Average Per-Pupil Expenditure in Public Elementary Schools and Secondary Schools in the United States - a. without regard to the source of funds: i. the aggregate current expenditures, during the second fiscal y…

A. General. If the secretary determines that a program authorized under part B of the IDEA will be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the secretary may allow the use of tho…

A. Preschool grants for students with disabilities are governed by 34 CFR 300.801-818 . Notes La. Admin. Code tit. 28 , § XLIII-801 Promulgated by the Board of Elementary and Secondary Education, LR 34:2086 (October 2008). AUTHORITY NOTE: Promulgated in accordance with R.S. 17:19…

A. For the purpose of administering § 619 of IDEA (including the coordination of activities under Part B of the IDEA with, and providing technical assistance to, other programs that provide services to children with disabilities, the LDE may use not more than 20 percent of the ma…

A. Subgrants Required. If the LDE receives a grant under § 619 of the IDEA for any fiscal year, it shall distribute any funds the LDE does not reserve under § 802 to LEAs (including public charter schools that operate as LEAs) in the state that have established their eligibility …

A. The legal relationship between the Louisiana Department of Health and Hospitals (DHH) and the Louisiana Department of Education (LDE), shall be governed by this section and §154, for the interagency coordination of the IDEA and the Louisiana Education of Children with Exceptio…

A. For the purposes of this Chapter, the following definitions apply. 1. Educational Services- all other services, including but not limited to academic services, extracurricular activities, transportation, related services for which DHH is not legally responsible, and any other …

A. In order to ensure that all services described in § 822 that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute, the following requirements are imposed on LDE and DHH. 1. Agency Financial Responsibility. All rel…