Chapter XLIII

A. During the pendency of any administrative or judicial proceeding regarding a request for due process hearing under §1507, unless the state or local agency and the parents of the student agree otherwise, the student involved in the complaint shall remain in his or her current e…

A. General. Each public agency shall ensure that the rights of a student are protected when: 1. no parent (as defined in §1904) 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 th…

A. The LDE shall have in effect goals for the performance of students with disabilities in the state that: 1. promote the purposes of these regulations as stated in §901; 2. are the same as the state's objectives for progress by students in its definition of adequate yearly progr…

A. General. The LDE shall ensure that all students with disabilities are included in all general state and district-wide assessment programs, including assessments described under Section 1111 of the ESEA, 20 U.S.C. 6311 , with appropriate accommodations and alternate assessments…

A. The Division of Special Populations is authorized to establish a system of monitoring, complaint management and investigatory provisions of these regulations. B. The Division of Special Populations shall monitor in accordance with the procedures established through a self-stud…

A. If outstanding deficiencies occur and remain, the LDE will refer and recommend corrective action to BESE. Notes La. Admin. Code tit. 28 , § XLIII-1603 Promulgated by the Board of Elementary and Secondary Education, LR 26:1577 (August 2000)., amended LR 36:2026 (September 2010)…

Refer to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232 g; 34 CFR part 99 ). Notes La. Admin. Code tit. 28 , § XLIII-1604 Promulgated by the Board of Elementary and Secondary Education, LR 36:2026 (September 2010). AUTHORITY NOTE: Promulgated in accordanc…

A. Funds paid to the state under these regulations shall be administered in accordance with 34 CFR 300.162 through 164 and 300.166 . Notes La. Admin. Code tit. 28 , § XLIII-162 Promulgated by the Board of Elementary and Secondary Education, LR 34:2051 (October 2008). AUTHORITY NO…

A. Prior to the adoption of any policies and procedures needed to comply with Part B of the IDEA (including any amendments to those policies and procedures), the LDE shall ensure that there are public hearings, adequate notice of the hearings, and opportunity for comment availabl…

A. The advisory panel is established and shall be maintained by the LDE for the purpose of providing policy guidance with respect to special education and related services for students with disabilities in the state. Notes La. Admin. Code tit. 28 , § XLIII-167 Promulgated by the …

A. General. The advisory panel shall consist of members appointed by the state board or state superintendent, shall be representative of the state population, and shall be composed of individuals involved in or concerned with the education of students with disabilities, including…

A. General. The LDE shall examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of students with disabilities: 1. among the LEAs in the state; or 2. compared to…

A. The division, in concert with other divisions within the department, shall ensure the proper receipt and disbursement of all state and federal funds administered by the department specifically for the provision of special education and related services for gifted and talented …

A. General. LDE and LEA personnel shall not require a student to obtain a prescription for substances identified under schedules I, II, III, IV, or V in Section 202 (c) of the Controlled Substance Act (21 U.S.C. 812(c) ) for a child as a condition of attending school, receiving a…

A. If the LDE provides FAPE to students with disabilities, or provides direct services to these students, the agency: 1. shall comply with any additional requirements of § 202 and § 207 as if the agency were an LEA; and 2. shall use amounts that are otherwise available to the age…

A. Procedures governing the determination by the secretary to implement a by-pass for the state, an LEA, or other public agency are governed in accordance with 34 CFR § 300.190 Notes La. Admin. Code tit. 28 , § XLIII-190 Promulgated by the Board of Elementary and Secondary Educat…

A. The terms defined in §1902-1999 of this Chapter are used throughout these regulations. Unless expressly provided to the contrary, each term used in these regulations shall have the meaning established by this Chapter. Notes La. Admin. Code tit. 28 , § XLIII-1901 Promulgated by…

A. DSS-state Department of Social Services. B. DHH-state Department of Health and Hospitals. C. DPS and C-state Department of Public Safety and Corrections. D. FAPE-free appropriate public education. E. FERPA-Family Educational Records and Privacy Act of 1974. F. G/T-gifted and/o…

A. The LEA shall ensure that all personnel necessary to carry out Part B of the IDEA are appropriately and adequately prepared, subject to the requirements of § 156 (related to personnel qualifications) and Section 2122 of the ESEA. Notes La. Admin. Code tit. 28 , § XLIII-208 Pro…

A. Uses . Notwithstanding § 203 A, and 162.B, funds provided to an LEA under Part B of the IDEA may be used for the following activities: 1. services and aids that also benefit non-disabled student f or the costs of special education and related services, and supplementary aids a…

A. General. If the LEA or a state agency described in §300.228 has on file with the SEA policies and procedures that demonstrate that the LEA or state agency meets any requirement of §300. 200, including any policies and procedures filed under Part B of the IDEA as in effect befo…

A. If the LDE determines that the LEA or state agency is not eligible under Part B of the IDEA, then the LDE shall: 1. notify the LEA or state agency of that determination; and 2. provide the LEA or state agency with reasonable notice and an opportunity for a hearing. Notes La. A…

A. General. If the LDE, after reasonable notice and an opportunity for a hearing, finds that the LEA or state agency that has been determined to be eligible under this Chapter is failing to comply with any requirement described in § 202 through 214, the LDE shall reduce or shall …

A. General. The LDE may require the LEA to establish its eligibility jointly with another LEA if the LDE determines that the LEA will be ineligible under this Chapter because the agency will not be able to establish and maintain programs of sufficient size and scope to effectivel…

A. Requirements for LEAs in General . LEAs that establish joint eligibility under this Section shall: 1. adopt policies and procedures that are consistent with the state's policies and procedures under § 102 and § 165 through 174; and 2. be jointly responsible for implementing pr…

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. 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. 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. 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. Nothing shall prevent a licensed or registered interior designer licensed pursuant to the statute or regulations from associating with one or more interior designers, architects, professional engineers, landscape architects, surveyors, or other persons in a partnership, joint …

A. A firm shall be permitted to use in its title the term registered interior designer and to be so identified on any sign, card, stationery, device, or other means of identification if at least one partner, director, officer, or other supervisory agent of such firm is licensed a…

A. Upon receipt of notice of any alleged violations of this Part, or any rule or regulation adopted by the board, the board shall institute a preliminary investigation. If warranted by the investigation, the board shall duly notify the alleged violator and schedule a timely heari…

A. Payments out of the board's fund shall be made only upon orders of the board. Notes La. Admin. Code tit. 46 , § XLIII-111 Promulgated by the Department of Commerce, Board of Examiners of Interior Designers, LR 11:339 (April 1985), amended by the Department of Economic Developm…

A. Unless otherwise exempted, any person who knowingly engages in the practice of interior design without a valid license of registration violates this Chapter. B. Any person who violates any provision of this Chapter or any rules and regulations adopted under its authority shall…

A. A quorum of the board as stated by the Act shall consist of four members of the board, but no action shall be taken without at least four votes in accord. Notes La. Admin. Code tit. 46 , § XLIII-113 Promulgated by the Department of Commerce, Board of Examiners of Interior Desi…

A. The chairman shall appoint members to subcommittees as needed to fulfill the duties of the board. Notes La. Admin. Code tit. 46 , § XLIII-115 Promulgated by the Department of Commerce, Board of Examiners of Interior Designers, LR 11:339 (April 1985), amended by the Department …

A. The board may, at its discretion, employ an executive director, legal counsel, and such other assistants and clerical staff as it deems necessary. Notes La. Admin. Code tit. 46 , § XLIII-117 Promulgated by the Department of Commerce, Board of Examiners of Interior Designers, L…

A. Due Process not Applicable, Except for Child Find 1. Except as provided in Subsection B of this Section, the procedures in § 505 do not apply to requests for due process hearings alleging that an LEA has failed to meet the requirements of § 132 through 139, including the provi…

A. Each LEA, in accordance with the requirements of this subpart, shall document that the effort of ongoing identification activities is conducted to identify and locate each student who is under its jurisdiction, who is suspected of being gifted or talented in visual arts, music…

A. The state of Louisiana may use whatever state, local, federal, and private sources of support are available in the state to meet the requirements of these regulations. If it is necessary to place a student with a disability in a residential facility, for example, the state cou…

A. In providing services to all identified students with disabilities, the number of students in each instructional setting shall not exceed the following numbers. 1. Self-Contained Classrooms Self-Contained Classrooms Preschool Elementary Secondary Autism 4 4 4 Blindness 7 9 9 D…

A. General. A free appropriate public education shall be available to all students residing in the state between the ages of 3 and 21, inclusive, including students with disabilities who have been suspended or expelled from school as provided for in § 530 . D 1. In accordance wit…

A. General. The obligation to make FAPE available to all students with disabilities does not apply with respect to the following. 1. Students aged 18 through 21 who, in the last educational placement prior to their incarceration in an adult correctional facility: a. were not actu…

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…