Chapter XLIII

A. General. To the extent consistent with the number and location of students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district served by the LEA, provision is made for the particip…

A. General. As used in these regulations, the term individualized education program or IEP, is a written statement for each student with an exceptionality that is developed, reviewed, and revised in a meeting in accordance with § 1320 and that shall include the following provisio…

A. Each LEA shall ensure that the IEP team for each student with an exceptionality includes all of the required participants, as listed below: 1. one or both of the parents of the student; 2. input from at least one regular education teacher of the student to the extent appropria…

A. LEAs shall take steps to ensure that one or both of the parents of the gifted and talented student are present at each IEP Team meeting or are afforded an opportunity to participate. LEAs shall contact the parent(s) in writing regarding each meeting early enough to ensure that…

A. Each completed IEP shall contain a general overview of the student's instructional needs. Required components are listed below: 1. the student's strengths and interests; 2. the concerns of the parents for enhancing the education of their child; 3. the results of the initial ev…

A. The LEA shall provide special education and related services to gifted and talented students in accordance with the student's IEP. B. The LEA shall make a good faith effort to assist the student to achieve the goals listed in the IEP. C. No state agency, teacher, or other pers…

A. LEA shall identify a student as suspected of being gifted and talented by the School Building Level Committee (SBLC) according to Bulletin 741- The School Administrator's Handbook . This committee shall coordinate and document the results, as appropriate, of educational screen…

A. Students who have been receiving gifted and talented services in one LEA in Louisiana and who transfer to another LEA within Louisiana shall be enrolled in the appropriate special education program in the new LEA with the current IEP or the development of a review IEP within f…

A. Students out of school, including students ages 3 through 22 years who are suspected of being gifted or talented who have left a public school without completing their public education by obtaining a state diploma, shall be referred to Child Find, who shall locate and offer en…

A. Formula. To meet the requirement of § 132 A, each LEA shall spend the following on providing special education and related services (including direct services) to parentally-placed private school students with disabilities. 1. For students aged 3 through 21, an amount that is …

A. To ensure timely and meaningful consultation, an LEA, or, if appropriate, the LDE, shall consult with private school representatives and representatives of parents of parentally-placed private school students with disabilities during the design and development of special educa…

A. When timely and meaningful consultation, as required by §134, has occurred, the LEA shall obtain a written affirmation signed by the representatives of participating private schools. B. If the representatives do not provide the affirmation within a reasonable period of time, t…

A. General. A private school official has the right to submit a complaint to the LDE that the LEA: 1. did not engage in consultation that was meaningful and timely; or 2. did not give due consideration to the views of the private school officials. B. Procedure: 1. if the private …

A . No Individual Right to Special Education and Related Services. No parentally-placed private school student with a disability has an individual right to receive some or all of the special education and related services that the student would receive if enrolled in a public sch…

A. General 1. The services provided to parentally-placed private school students with disabilities shall be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers …

A. Services on Private School Premises. Services to parentally-placed private school students with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law. B. Transportation 1. General a. If necessary for the studen…

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. The LEA may not use funds provided under § 611 or § 619 of the IDEA to finance the existing level of instruction in a private school or to otherwise benefit the private school. B. The LEA shall use funds provided under Part B of the IDEA to meet the special education and relat…

A. Use of Public School Personnel. An LEA may use funds available under § 611 of the IDEA to make public school personnel available in other than public facilities: 1. to the extent necessary to provide services under § 130 for parentally-placed private school students with disab…

A. An LEA may not use funds available under § 611 of the IDEA for classes that are organized separately on the basis of school enrollment or religion of the students if: 1. the classes are at the same site; and 2. the classes include students enrolled in public schools and studen…

A. A public agency shall control and administer the funds used to provide special education and related services under § 137 through 139, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the IDEA.…

A. Sections 146 apply only to students with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services. Notes La. Admin. Code tit. 28 , § XLIII-145 Promulgated by the Bo…

A. The LDE shall ensure that a student with a disability who is placed in or referred to a private school or facility by a public agency: 1. is provided special education and related services: a. in conformance with an IEP that meets the requirements of § 320 through 325; and b. …

A. In implementing §146, the LDE shall: 1. monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires; 2. disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a…

A. General. These regulations do not require an LEA to pay for the cost of the education, including special education and related services, of a student with a disability at a private school or facility if that agency made a FAPE available to the student, and the parents elected …

A. The LDE shall ensure: 1. that all requirements under these regulations are carried out; and 2. that each educational program for students with disabilities administered within the state, including each program administered by any other state or local agency (but not including …

A. The LDE (and any agency assigned responsibility pursuant to § 149 . D) shall have in effect procedures to inform each public agency of its responsibility for ensuring effective implementation of procedural safeguards for the students with disabilities served by that public age…

A. Discipline procedures for students identified as gifted or talented are the same as for regular education students. B. Discipline information remains with the regular education records. Notes La. Admin. Code tit. 28 , § XLIII-1501 Promulgated by the Board of Elementary and Sec…

A. Parents of gifted and talented students shall be afforded an opportunity to inspect and review all educational records with respect to the identification, evaluation and educational placement of the student and with respect to the provision of a FAPE to the student. B. Parents…

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

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. General. The LDE adopts written procedures herein and in Bulletin 1573 - Complaint Management Procedures, for: 1. the purpose of resolving any complaint alleging that a public agency has violated a requirement of Part B of the Act, including a complaint filed by an organizatio…

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. General . Any party to a hearing conducted pursuant to these regulations 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 exceptionalities; 2. present evidence and con…

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. 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 § 1510 . B or the adjusted time periods described in § 1510 . C B. 1. A hearing officer may grant specific …

A. General . Any party aggrieved by the decision of the hearing officer has the right to bring a civil action in a court of competent jurisdiction. B. Time Limitation. The party bringing the action shall have 90 days from the date of the decision of the hearing officer to file a …

A. The department shall bear the cost of the hearing officer and the court reporter. Each party shall bear its own costs, including witness costs, unless otherwise agreed or ordered by the hearing officer. Notes La. Admin. Code tit. 28 , § XLIII-1517 Promulgated by the Board of E…

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. 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. Time Limit; Minimum Procedures. The time limits in this Section commence after LDE receives a signed written complaint filed in accordance with § 152 of this Chapter. The LDE will refer the complaint to the LEA superintendent, special education director/supervisor, or ERP repr…

A . Establishing Responsibility for Services . The governor of Louisiana or the designee of the governor shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each non-educational public agency described in Subsection B of…

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. 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…