reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter B - BESE Special Schools › Section XLIII-463 - Parent Request for Enrollment to LSD or LSVI

Current through Register Vol. 50, No. 6, June 20, 2024
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 students enrolled to date through the referral process and previous
					 parent option students who continue to meet enrollment standards;
2. the resources available to provide
					 supplementary services beyond classroom instruction for those students (e.g.,
					 bus space availability; professional service contract limits for OT and PT,
					 psychiatric and psychological services; residential staff/student
					 ratio).
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter B - BESE Special Schools › Section XLIII-464 - Admission and Release

Current through Register Vol. 50, No. 6, June 20, 2024
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 shall develop and maintain
					 operational procedures concerning the admission of students which incorporate
					 the following:
a. each LSS shall make an
					 annual determination of the number of additional students by grade, bus space
					 availability, professional service contract limits for OT and PT, psychiatric
					 and psychological services, and residential staff/student who may be
					 admitted;
b. students shall be
					 between 3 and 21 years of age, inclusive;
c. as permitted by statute, appropriate
					 services, which need not comply with these regulations, may be provided at
					 extended ages;
d. students must be
					 residents of Louisiana;
e. students
					 must possess a current evaluation with a disability classification that is
					 germane to the services of the school; and
f. students who are not otherwise eligible
					 for admission to a LSS may be admitted for educational purposes, including
					 providing interaction with non-disabled peers and educating students who, based
					 on a medical diagnosis, will likely be eligible for admission in the
					 future.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter B - BESE Special Schools › Section XLIII-465 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter B - BESE Special Schools › Section XLIII-466 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
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 school policy.
B. Each LSS may establish a policy to provide
					 for transportation or to reimburse parents for transportation, at the option of
					 the LSS, when the LSS requires that the student be sent home.
C. Daily transportation for commuter/day
					 students will be the responsibility of the requesting LEA, unless the student
					 was admitted via Parent Option. Nothing in these regulations would prohibit
					 LEAs from providing transportation for a Parent Option student.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.17:1941
						et seq. including
						R.S.
						17:1946 and
						R.S.
						17:1960.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter B - BESE Special Schools › Section XLIII-467-499 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-501 - Responsibility of State and Other Public Agencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE shall ensure that each public
					 agency establishes, maintains, and implements procedural safeguards that meet
					 the requirements of §501
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-502 - Opportunity to Examine Records and Parent Participation in Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
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 placement of the student; and
2. the provision of a free appropriate public
					 education to the student.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-503 - Independent Educational Evaluation (IEE)

Current through Register Vol. 50, No. 6, June 20, 2024
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 an IEE, information about where
					 an independent educational evaluation may be obtained and the agency criteria
					 applicable for independent educational evaluations as set forth in Subsection E
					 of this Section.
3. For the
					 purposes of this Chapter:
a.
Independent Educational Evaluation (IEE)-
an evaluation
					 conducted by a qualified examiner who is not employed by the public agency
					 responsible for the education of the student in question; and
b.
Public Expense
-that the
					 public agency either pays for the full cost of the evaluation or ensures that
					 the evaluation is otherwise provided at no cost to the parent, consistent with
					 §103
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-504 - Prior Notice by the Public Agency; Content of Notice

Current through Register Vol. 50, No. 6, June 20, 2024
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 a reasonable time before the public agency:
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 the student; or
2. refuses to initiate or change the
					 identification, evaluation, or educational placement of the student or the
					 provision of a free appropriate public education to the student.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-505 - Procedural Safeguards Notice

Current through Register Vol. 50, No. 6, June 20, 2024
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 referral or parent request for evaluation;
2. upon receipt of the first state complaint
					 under §151 and upon
					 receipt of the first request for due process hearing under
					 §507 in a
					 school year;
3. in accordance with
					 the discipline procedures in §530 H; and
4. upon request by a parent.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-506 - Mediation

Current through Register Vol. 50, No. 6, June 20, 2024
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 following procedures to ensure:
1. that the mediation process:
a. is voluntary on the part of both
					 parties;
b. is not used to deny or
					 delay a parent's right to a due process hearing or to deny any other rights
					 afforded under part B of the IDEA; and
c. is conducted by a qualified and impartial
					 mediator who is trained in effective mediation techniques;
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-507 - Filing a Request for Impartial Due Process Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
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. Prescription. The due
					 process hearing request shall allege a violation that occurred not more than
					 one year before the date the parent or public agency knew or should have known
					 about the alleged action that forms the basis of the request for due process
					 hearing, except that the exceptions to the timeline described in §511. G apply to the timeline in this Section.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-508 - Due Process Hearing Request

Current through Register Vol. 50, No. 6, June 20, 2024
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 copy of the request for due
					 process hearing to the other party.
3. The time limits in this Section commence
					 after LDE receives the request for a due process hearing. When the LDE receives
					 a written request for a due process hearing, the LDE will provide a copy of the
					 request to the other party. The date the LDE delivers or receives confirmation
					 that the other party has received the request will be the presumptive date
					 verifying receipt.
4. Within two
					 business days of receipt of a written request, the LDE will transmit the
					 request for due process hearing to the Division of Administrative Law (DAL),
					 who will docket the request and assign a hearing officer.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-509 - Model Forms

Current through Register Vol. 50, No. 6, June 20, 2024
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 Educational Rights of Children
					 with Disabilities
and on the LDE website. The use of the model forms
					 shall not be required.
B. Parents,
					 public agencies, and other parties may use the appropriate model forms
					 described in Paragraph A of this Section, or another form or other document, so
					 long as the form or document that is used meets, as appropriate, the content
					 requirements in §508. B for filing a request for due process hearing, or
					 the requirements in §152. B for filing a state complaint.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-510 - Resolution Process

Current through Register Vol. 50, No. 6, June 20, 2024
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 have specific
					 knowledge of the facts identified in the request for due process hearing that:
a. includes a representative of the public
					 agency who has decision-making authority on behalf of that agency;
					 and
b. may not include an attorney
					 of the LEA unless the parent is accompanied by an attorney.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-511 - Impartial Due Process Hearing and Hearing Officer Appointments

Current through Register Vol. 50, No. 6, June 20, 2024
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 for Conducting the Due
					 Process Hearing. The due process hearing described in Subsection A of this
					 Section shall be conducted in accordance with the law.
C. Impartial Hearing
					 Officer
.
The DAL shall designate hearing officers, who:
1. meet the minimum qualifications stipulated
					 below:
a. shall have earned a
juris
					 doctorate
degree;
b. shall
					 possess knowledge of, and the ability to understand, the provisions of the
					 IDEA, Federal and State regulations pertaining to the IDEA, and legal
					 interpretations of the IDEA by Federal and State courts;
c. shall possess the knowledge and ability to
					 conduct hearings in accordance with appropriate, standard legal
					 practice;
d. shall possess the
					 knowledge and ability to render and write decisions in accordance with
					 appropriate, standard legal practice; and
e. shall possess other qualifications
					 established by the LDE;
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-512 - Hearing Rights

Current through Register Vol. 50, No. 6, June 20, 2024
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
					 the right to be represented by non-attorneys at due process hearings is
					 determined under state law;
2.
					 present evidence and confront, cross-examine, and compel the attendance of
					 witnesses;
3. prohibit the
					 introduction of any evidence at the hearing that has not been disclosed to that
					 party at least five business days before the hearing;
4. obtain a written, or, at the option of the
					 parents, electronic, verbatim record of the hearing at no cost; and
5. obtain written, or, at the option of the
					 parents, electronic findings of fact and decisions at no cost.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-513 - Hearing Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
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 find that a student did not receive
					 FAPE only if the procedural inadequacies:
a.
					 impeded the student's right to FAPE;
b. significantly impeded the parent's
					 opportunity to participate in the decision-making process regarding the
					 provision of FAPE to the parent's child; or
c. caused a deprivation of educational
					 benefit.
3. Nothing in
					 Subsection A of this Section shall be construed to preclude a hearing officer
					 from ordering an LEA to comply with procedural requirements under
					 §501
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-514 - Finality of Decision; Appeal; and Compliance with Hearing Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
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 other action, the LEA will be required
					 to provide documentation periodically and at completion of the corrective
					 action to the LDE.
1. The LDE will refer and
					 recommend to BESE the denial or delay of funding or an offset of future funding
					 for any LEA that after written due notice:
a.
					 refuses or fails to submit requested documentation of corrective action;
					 or
b. refuses or fails to take or
					 complete required corrective action.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-515 - Timelines and Convenience of Hearings and Reviews

Current through Register Vol. 50, No. 6, June 20, 2024
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 extensions of time beyond the periods set
					 out in Paragraph A of this Section at the request of either party.
2. When an extension is granted, the hearing
					 officer shall, on the day the decision is made to grant the extension, notify
					 all parties and the LDE in writing, stating the date, time, and location of the
					 rescheduled hearing.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-516 - Civil Action

Current through Register Vol. 50, No. 6, June 20, 2024
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 court of competent
					 jurisdiction or in a district court of the United States without regard to the
					 amount in controversy.
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 civil action.
C. Additional Requirements. In any action
					 brought under Subsection A of this Section, the court:
1. receives the records of the administrative
					 proceedings;
2. hears additional
					 evidence at the request of a party; and
3. basing its decision on the preponderance
					 of the evidence, grants the relief that the court determines to be
					 appropriate.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-517 - Attorneys' Fees/Costs

Current through Register Vol. 50, No. 6, June 20, 2024
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 the LDE or an LEA against the attorney of a parent
					 who files a request for hearing or subsequent cause of action that is
					 frivolous, unreasonable, or without foundation, or against the attorney of a
					 parent who continues to litigate after the litigation clearly became frivolous,
					 unreasonable, or without foundation; or
c. a prevailing party who is the LDE or an
					 LEA against the attorney of the parent or against the parent, if the parent's
					 request for a due process hearing or subsequent cause of action was presented
					 for any improper purpose, such as to harass, to cause unnecessary delay, or to
					 needlessly increase the cost of litigation.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-518 - Student Status during Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
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 remain in his or her current educational placement.
B. If the request for due process hearing
					 involves an application for initial admission to public school, the student,
					 with the consent of the parents, shall be placed in the public school until the
					 completion of all the proceedings.
C. If the request for due process hearing
					 involves an application for initial services for a child who is transitioning
					 from Part C of the IDEA to Part B and is no longer eligible for Part C services
					 because the child has turned three, the public agency is not required to
					 provide the Part C services that the child had been receiving. If the child is
					 found eligible for special education and related services under Part B and the
					 parent consents to the initial provision of special education and related
					 services under §301 B, then the public agency shall provide those special
					 education and related services that are not in dispute between the parent and
					 the public agency.
D. If the
					 hearing officer in a due process hearing conducted pursuant to §507-513 or
					 §530-534 agrees with the student's parents that a change of placement is
					 appropriate, that placement shall be treated as an agreement between the state
					 and the parents for the purposes of Subsection A of this Section.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						17:1941 et
						seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-519 - Surrogate Parents

Current through Register Vol. 50, No. 6, June 20, 2024
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 court or of a State agency); or
4. the student is an unaccompanied homeless
					 youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance
					 Act (42 U.S.C.
					 11434 a(6)).
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-520 - Transfer of Parental Rights at the Age of Majority

Current through Register Vol. 50, No. 6, June 20, 2024
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 such age.
1.
a. The public agency shall provide any notice
					 required by these regulations to both the student and the parent; and
b. All rights accorded to parents under part
					 B of the IDEA shall transfer to the student.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter A - Due Process Procedures for Parents and Students › Section XLIII-521-529 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-530 - Authority of School Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
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 student conduct.
B. General
1. School personnel under this section may
					 remove a student with a disability who violates a code of student conduct from
					 his or her current placement to an appropriate interim alternative educational
					 setting, another setting, or suspension, for not more than 10 consecutive
					 school days (to the extent those alternatives are applied to students without
					 disabilities), and for additional removals of not more than 10 consecutive
					 school days in that same school year for separate incidents of misconduct (as
					 long as those removals do not constitute a change of placement under
					 §536).
2. After a student with
					 a disability has been removed from his or her current placement for 10 school
					 days in the same school year, during any subsequent days of removal the public
					 agency shall provide services to the extent required under Subsection D of this
					 Section.
3. No form of corporal
					 punishment shall be administered to a student with an exceptionality, excluding
					 students identified as gifted and talented, as defined in
					 R.S.
					 17:1942 or to a student who has been
					 determined to be eligible for services under
					 section
					 504 of the Rehabilitation Act
					 of 1973 and has an individual accommodation plan.
4.
Corporal Punishment
-
					 using physical force to discipline a student, with or without an object, and
					 includes hitting, paddling, striking, spanking, slapping, or any other physical
					 force that causes pain or physical discomfort.
5. Corporal punishment does not include:
a. the use of reasonable and necessary
					 physical restraint of a student to protect the student, or others, from bodily
					 harm or to obtain possession of a weapon or other dangerous object from a
					 student;
b. the use of seclusion
					 and restraint as provided in
					 R.S.
					 17:416.21.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-531 - Determination of Setting

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 student's IEP Team determines the interim alternative educational setting for
					 services under §530 C, D.5 and G.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-532 - Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
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
					 to result in injury to the student or others, may appeal the decision by
					 requesting a hearing pursuant to
					 §507 A and
					 B.
B. Authority of Hearing Officer
1. A hearing officer under
					 §511 hears
					 and makes a determination regarding an appeal under Subsection A of this
					 Section.
2. In making the
					 determination under Paragraph B.1 of this Section, the hearing officer may:
a. return the student with a disability to
					 the placement from which the student was removed if the hearing officer
					 determines that the removal was a violation of
					 §530 or that
					 the student's behavior was a manifestation of the student's disability;
					 or
b. order a change of placement
					 of the student with a disability to an appropriate interim alternative
					 educational setting for not more than 45 school days if the hearing officer
					 determines that maintaining the current placement of the student is
					 substantially likely to result in injury to the student or to others.
3. The procedures under Subsection
					 A and Paragraphs B.1 and 2 of this Section may be repeated, if the LEA believes
					 that returning the student to the original placement is substantially likely to
					 result in injury to the student or to others.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-533 - Placement during Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
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, whichever occurs first, unless the parent and the LDE or LEA agree
					 otherwise.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-534 - Protections for Student not Determined Eligible for Special Education and Related Services

Current through Register Vol. 50, No. 6, June 20, 2024
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 public agency had knowledge (as determined in
					 accordance with Subsection B of this Section) that the student was a student
					 with a disability before the behavior that precipitated the disciplinary action
					 occurred.
B. Basis of Knowledge. A
					 public agency shall be deemed to have knowledge that a student is a student
					 with a disability if before the behavior that precipitated the disciplinary
					 action occurred:
1. the parent of the student
					 expressed concern in writing to supervisory or administrative personnel of the
					 appropriate educational agency, or a teacher of the student, that the student
					 is in need of special education and related services;
2. the parent of the student requested an
					 evaluation of the student pursuant to
					 §301 through
					 312; or
3. the teacher of the
					 student, or other personnel of the LEA, expressed specific concerns about a
					 pattern of behavior demonstrated by the student directly to the director of
					 special education of the agency or to other supervisory personnel of the
					 agency.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-535 - Referral to and Action by Law Enforcement and Judicial Authorities

Current through Register Vol. 50, No. 6, June 20, 2024
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 the application of Federal and State law to
					 crimes committed by a student with a disability.
B. Transmittal of Records
1. An agency reporting a crime committed by a
					 student with a disability shall ensure that copies of the special education and
					 disciplinary records of the student are transmitted for consideration by the
					 appropriate authorities to whom the agency reports the crime.
2. An agency reporting a crime under this
					 section may transmit copies of the student's special education and disciplinary
					 records only to the extent that the transmission is permitted by the Family
					 Educational Rights and Privacy Act.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-536 - Change of Placement because of Disciplinary Removals

Current through Register Vol. 50, No. 6, June 20, 2024
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 removals that constitute a pattern:
a.
					 because the series of removals total more than 10 school days in a school
					 year;
b. because the student's
					 behavior is substantially similar to the student's behavior in previous
					 incidents that resulted in the series of removals; and
c. because of such additional factors as the
					 length of each removal, the total amount of time the student has been removed,
					 and the proximity of the removals to one another.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-537 - State Enforcement Mechanisms

Current through Register Vol. 50, No. 6, June 20, 2024
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 agreement, provided that use of those mechanisms is not
					 mandatory and does not delay or deny a party the right to seek enforcement of
					 the written agreement in a state court of competent jurisdiction or in a
					 district court of the United States.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-540 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
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 include:
i. a protective or stabilizing device used in
					 strict accordance with the manufacturer's instructions for proper use and which
					 is used in compliance with orders issued by an appropriately licensed health
					 care provider;
ii. any device used
					 by a duly licensed law enforcement officer in the execution of his official
					 duties;
3.
Physical Restraint
-
a.
					 bodily force used to limit a person's movement;
b. does not include:
i. consensual, solicited, or unintentional
					 contact;
ii. momentary blocking of
					 a students action if said action is likely to result in harm to the student or
					 any other person.
iii. holding of
					 a student, by one school employee, for the purpose of calming or comforting the
					 student, provided the student's freedom of movement or normal access to his or
					 her body is not restricted;
iv.
					 minimal physical contact for the purpose of safely escorting a student from one
					 area to another; or
v. minimal
					 physical contact for the purpose of assisting the student in completing a task
					 or response;
4.
Positive Behavior Interventions
					 and Support
- a systematic approach to embed evidence-based practices
					 and data-driven decision making when addressing student behavior in order to
					 improve school climate;
5.
Seclusion
- a procedure that isolates and confines a student
					 in a separate room or area until he or she is no longer an immediate danger to
					 self or others;
6.
Seclusion Room
- a room or other confined area, used on an
					 individual basis, in which a student is removed from the regular classroom
					 setting for a limited time to allow the student the opportunity to regain
					 control in a private setting and from which the student is involuntarily
					 prevented from leaving;
7.
School Employee
- a teacher, paraprofessional, administrator,
					 support staff member, or a provider of related services;
8.
Written Guidelines and
					 Procedures
- the written guidelines and procedures adopted by a
					 school's governing authority regarding appropriate responses to student
					 behavior that may require immediate intervention.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-541 - Use of Seclusion

Current through Register Vol. 50, No. 6, June 20, 2024
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.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter B - Discipline Procedures for Students with Disabilities › Section XLIII-542 - Physical Restraint

Current through Register Vol. 50, No. 6, June 20, 2024
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
					 causes no physical injury to the student, results in the least possible
					 discomfort, and does not interfere in any way with a student's breathing or
					 ability to communicate with others.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 5 - Procedural Safeguards › Subchapter C - Seclusion and Physical Restraint › Section XLIII-543 - Restrictions on the Use of Seclusion or Physical Restraint

Current through Register Vol. 50, No. 6, June 20, 2024
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 seclusion or physical
					 restraint.
C. A student shall not
					 be placed in seclusion or physically restrained if he or she is known to have
					 any medical or psychological condition that precludes such action, as certified
					 by a licensed health care provider in a written statement provided to the
					 school in which the student is enrolled.
D. A student who has been placed in seclusion
					 or has been physically restrained shall be monitored continuously. Such
					 monitoring shall be documented at least every 15 minutes and adjustments made
					 accordingly, based upon observations of the student's behavior.
E. A student shall be removed from seclusion
					 or released from physical restraint as soon as the reasons for justifying such
					 action have subsided.
F. The parent
					 or other legal guardian of a student who has been placed in seclusion or
					 physically restrained shall be notified as soon as possible. The school shall
					 document all efforts, including conversations, phone calls, electronic
					 communications, and home visits, to notify the parent of a student who has been
					 placed in seclusion or physically restrained.
1. The student's parent or other legal
					 guardian shall also be notified in writing, within 24 hours, of each incident
					 of seclusion or physical restraint. Such notice shall include the reason for
					 such seclusion or physical restraint, the procedures used, the length of time
					 of the student's seclusion or physical restraint, and the names and titles of
					 any school employee involved.