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 2 - Local Educational Agency Eligibility › Section XLIII-213 - Public Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LEA
				  shall make available to parents of students with disabilities and to the
				  general public all documents relating to the eligibility of the agency under
				  Part B of the IDEA.
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 2 - Local Educational Agency Eligibility › Section XLIII-214 - Records Regarding Migratory Students with Disabilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LEA shall
				  cooperate in the secretary's efforts under Section 1308 of the ESEA to ensure
				  the linkage of records pertaining to migratory students with disabilities for
				  the purpose of electronically exchanging, among the states, health and
				  educational information regarding those students.
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 2 - Local Educational Agency Eligibility › Section XLIII-220 - Exception for Prior Local Plans

Current through Register Vol. 50, No. 6, June 20, 2024
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 before December 3, 2004, the SEA shall consider the LEA or
				  state agency to have met that requirement for purposes of receiving assistance
				  under Part B of the IDEA.
B.
				  Modification made by the LEA or State Agency
.
Subject to
				  Subsection C of this Section, policies and procedures submitted by an LEA or a
				  state agency in accordance with this subpart remain in effect until the LEA or
				  state agency submits to the SEA the modifications that the LEA or state agency
				  determines are necessary.
C.
				  Modifications Required by the SEA. The SEA may require an LEA or a state agency
				  to modify its policies and procedures, but only to the extent necessary to
				  ensure the LEA's or state agency's compliance with Part B of the IDEA or state
				  law, if:
1. after December 3, 2004, the
				  effective date of the Individuals with Disabilities Education Improvement Act
				  of 2004, the applicable provisions of the Act (or the regulations developed to
				  carry out the Act) are amended;
2.
				  there is a new interpretation of an applicable provision of the Act by federal
				  or state courts; or
3. there is an
				  official finding of noncompliance with federal or state law or
				  regulations.
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 2 - Local Educational Agency Eligibility › Section XLIII-221 - Notification of LEA or State Agency in Case of Ineligibility

Current through Register Vol. 50, No. 6, June 20, 2024
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.
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 2 - Local Educational Agency Eligibility › Section XLIII-222 - LEA and State Agency Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
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 not provide any further payments to the LEA
				  or state agency until the LDE is satisfied that the LEA or state agency is
				  complying with that requirement.
B.
				  Notice Requirement. Any state agency or LEA in receipt of a notice described in
				  Subsection A of this Section shall, by means of public notice, take the
				  measures necessary to bring the pendency of an action pursuant to this section
				  to the attention of the public within the jurisdiction of the agency.
C. Consideration. In carrying out its
				  responsibilities under this section, the LDE shall consider any decision
				  resulting from a hearing held under
				  §511 that is
				  adverse to the LEA or state agency involved in the decision.
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 2 - Local Educational Agency Eligibility › Section XLIII-223 - Joint Establishment of Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
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
				  effectively meet the needs of students with disabilities.
B. Charter School Exception. The LDE may not
				  require a charter school that is an LEA to jointly establish its eligibility
				  under Subsection A of this Section unless the charter school is explicitly
				  permitted to do so under the state's charter school statute.
C. Amount of Payments. If the LDE requires
				  the joint establishment of eligibility under Subsection A of this Section, the
				  total amount of funds made available to the affected LEAs shall be equal to the
				  sum of the payments that each LEA would have received under
				  §705 if the
				  agencies were eligible for those payments.
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 2 - Local Educational Agency Eligibility › Section XLIII-224 - Requirements for Establishing Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
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 programs that receive assistance under Part B of the
				  IDEA.
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 2 - Local Educational Agency Eligibility › Section XLIII-226 - Early Intervening Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General. An LEA may not use more than 15 percent of the amount the LEA receives
				  under Part B of the IDEA for any fiscal year, less any amount reduced by the
				  LEA pursuant to §205, if any, in combination with other amounts (which may
				  include amounts other than education funds), to develop and implement
				  coordinated, early intervening services, which may include interagency
				  financing structures, for students in kindergarten through grade 12 (with a
				  particular emphasis on students in kindergarten through grade three) who are
				  not currently identified as needing special education or related services, but
				  who need additional academic and behavioral support to succeed in a general
				  education environment. (See Appendix D of
				  34 CFR
				  300.1 et seq., for examples of how §206.
				  D, regarding local maintenance of effort, and §226. A affect one
				  another.)
B. Activities. In
				  implementing coordinated, early intervening services under this Section, an LEA
				  may carry out activities that include:
1.
				  professional development (which may be provided by entities other than LEAs)
				  for teachers and other school staff to enable such personnel to deliver
				  scientifically based academic and behavioral interventions, including
				  scientifically based literacy instruction, and, where appropriate, instruction
				  on the use of adaptive and instructional software; and
2. providing educational and behavioral
				  evaluations, services, and supports, including scientifically based literacy
				  instruction.
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 2 - Local Educational Agency Eligibility › Section XLIII-227 - Direct Services by the LDE

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General
1. The LDE shall use the payments
				  that would otherwise have been available to an LEA or to a state agency to
				  provide special education and related services directly to students with
				  disabilities residing in the area served by that LEA, or for whom that state
				  agency is responsible, if the LDE determines that the LEA or state agency:
a. has not provided the information needed to
				  establish the eligibility of the LEA or state agency, or elected not to apply
				  for its Part B allotment, under Part B of the IDEA;
b. is unable to establish and maintain
				  programs of FAPE that meet the requirements of these regulations;
c. is unable or unwilling to be consolidated
				  with one or more LEAs in order to establish and maintain the programs;
				  or
d. has one or more students with
				  disabilities who can best be served by a regional or state program or service
				  delivery system designed to meet the needs of these students.
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 2 - Local Educational Agency Eligibility › Section XLIII-228 - State Agency Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  state agency that desires to receive a subgrant for any fiscal year under
				  §705 shall
				  demonstrate to the satisfaction of the LDE that:
1. all students with disabilities who are
				  participating in programs and projects funded under Part B of the IDEA receive
				  FAPE, and that those students and their parents are provided all the rights and
				  procedural safeguards described in these regulations; and
2. the agency meets the other conditions of
				  this chapter that apply to LEAs.
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 2 - Local Educational Agency Eligibility › Section XLIII-229 - Disciplinary Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LEA
				  shall include in the records of a student with a disability, the state required
				  forms listing suspensions or expulsions in the current or previous school year
				  that have been taken against the student, and transmit the forms to the same
				  extent that the disciplinary information is included in and transmitted with
				  the student records of non-disabled students.
B. If the student transfers from one school
				  to another, the transmission of any of the student's records shall include both
				  the student's current IEP and any statement of current or previous disciplinary
				  action that has been taken against the student.
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 2 - Local Educational Agency Eligibility › Section XLIII-230 - LEA Jurisdiction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LEA
				  shall identify, locate, and evaluate each student suspected of having a
				  disability (regardless of the severity of the disability), 3 through 21 years
				  of age, residing within its jurisdiction.
B. Each LEA is responsible for making
				  available a free appropriate public education to each eligible student with a
				  disability, 3 through 21 years of age, who resides within its jurisdiction
				  except those students enrolled by their parents in a private school program.
				  This responsibility includes the provision and cost of any program on the
				  continuum of services a student requires, including residential
				  placement.
C. Each LEA is
				  responsible for making available a free appropriate public education to each
				  eligible student with a disability, 3 through 21 years of age, who are
				  non-residents of the LEA but located within its jurisdiction for any reason,
				  except for those students enrolled by their parents in a private school
				  program. Funding for services for these students is established in this
				  Section.
D. Jurisdiction is the
				  right and obligation of an LEA to exercise authority over all students residing
				  within its geographic area and over each student placed by the LEA in an
				  educational program within the geographic area of another LEA or in an approved
				  educational program out of the state.
1. For
				  city/parish school systems, the geographic area is the boundary of the school
				  district as defined in the Louisiana Revised Statutes.
2. For SSD, the geographic area is the
				  boundary of the State-operated treatment and care residential
				  facilities.
3. For a state board
				  special school, the geographic area is the boundary of the educational
				  facility.
4. For a charter school
				  that is considered an LEA, the geographic area is the boundary of the
				  educational facility.
5. If an LEA
				  places a student in another LEA or an approved private school, the student so
				  placed remains within the jurisdiction of the placing LEA. The responsibility
				  for a FAPE remains with the placing LEA.
a.
				  All students sent to a board special school by another LEA are considered
				  "placed" by the sending LEA.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter A - Parental Consent › Section XLIII-301 - Parental Consent

Current through Register Vol. 50, No. 6, June 20, 2024
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 student with a
					 disability as defined in
					 §905 shall,
					 after providing notice consistent with
					 §503 and 504,
					 obtain informed consent consistent with the definition of consent in §
					 905, from the parent of the student before conducting the evaluation.
b. Parental consent for initial evaluation
					 shall not be construed as consent for initial provision of special education
					 and related services.
c. The public
					 agency shall make reasonable efforts to obtain the informed consent from the
					 parent for an initial evaluation to determine whether the student is a student
					 with a disability.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter B - Evaluations and Reevaluations › Section XLIII-302 - Initial Evaluations

Current through Register Vol. 50, No. 6, June 20, 2024
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 Evaluation. Consistent
					 with the consent requirements in §301, either a parent of a student or a
					 public agency may initiate a request for an initial evaluation to determine if
					 the student is a student with a disability.
C. Procedures for Initial Evaluation. The
					 initial evaluation:
1.
a. shall be conducted within 60 business days
					 of receiving parental consent for the evaluation with additional appropriate
					 extensions as established in
Bulletin 1508
-
The Pupil
					 Appraisal Handbook;
and
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter B - Evaluations and Reevaluations › Section XLIII-303 - Screening for Instructional Purposes is not Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
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.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter B - Evaluations and Reevaluations › Section XLIII-304 - Reevaluations

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. A
					 public agency shall ensure that a reevaluation of each student with a
					 disability is conducted in accordance with
					 §305 through
					 308:
1. if the public agency determines that
					 the educational or related services needs, including improved academic
					 achievement and functional performance, of the student warrant a reevaluation;
					 or
2. if the student's parent or
					 teacher requests a reevaluation.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter B - Evaluations and Reevaluations › Section XLIII-305 - Evaluation Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice.
					 The public agency shall provide notice to the parents of a student with a
					 disability, in accordance with §504, that describes any evaluation
					 procedures the agency proposes to conduct.
B. Conduct of Evaluation. In conducting the
					 evaluation, the public agency shall:
1. use a
					 variety of assessment tools and strategies to gather relevant functional,
					 developmental, and academic information about the student, including
					 information provided by the parent, that may assist in determining:
a. whether the student is a student with a
					 disability as defined in §905; and
b. the content of the student's IEP,
					 including information related to enabling the student to be involved in and
					 progress in the general education curriculum (or for a preschool student, to
					 participate in appropriate activities);
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter B - Evaluations and Reevaluations › Section XLIII-306 - Additional Requirements for Evaluations and Reevaluations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Review of
					 Existing Evaluation Data. As part of an initial evaluation (if appropriate) and
					 as part of any reevaluation under these regulations, the IEP Team and other
					 qualified professionals, as appropriate, shall:
1. review existing evaluation data on the
					 student, including:
a. evaluations and
					 information provided by the parents of the student;
b. current classroom-based, local, or state
					 assessments and classroom-based observations; and
c. observations by teachers and related
					 services providers; and
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter B - Evaluations and Reevaluations › Section XLIII-307 - Determination of Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General. Upon completion of the administration of assessments and other
					 evaluation measures:
1. a group of qualified
					 professionals and the parent of the student shall determine whether the student
					 is a student with a disability, as defined in §905, in accordance with
					 Subsection B of this Section and the educational needs of the student;
					 and
2. the public agency shall
					 provide a copy of the evaluation report and the documentation of determination
					 of eligibility at no cost to the 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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter C - Additional Procedures for Identifying Students with Specific Learning Disabilities › Section XLIII-308 - Specific Learning Disabilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Consistent with
					 34 CFR
					 300.309, the LDE adopts the criteria for
					 determining whether a student has a specific learning disability in
Bulletin 1508
-
the Pupil Appraisal Handbook.
In addition, the criteria adopted by the LDE:
1. shall not require the use of a severe
					 discrepancy between intellectual ability and achievement for determining
					 whether a student has a specific learning disability, as defined in
					 §905;
2. shall permit the use
					 of a process based on the student's response to scientific, research-based
					 intervention; and
3. may permit the
					 use of other alternative research-based procedures for determining whether a
					 student has a specific learning disability, as defined in §905
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter C - Additional Procedures for Identifying Students with Specific Learning Disabilities › Section XLIII-309-311 - 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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter D - Individualized Education Programs › Section XLIII-320 - Definition of Individualized Education Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. As used in these regulations, the
					 term
individualized education program or IEP
, a written
					 statement for each student with a disability that is developed, reviewed, and
					 revised in a meeting in accordance with
					 §320 and that
					 shall include:
1. a statement of the
					 student's present levels of academic achievement, and functional performance,
					 including:
a. how the student's disability
					 affects the student's involvement and progress in the general education
					 curriculum (i.e., the same curriculum as for non-disabled students);
					 or
b. for preschool students, as
					 appropriate, how the disability affects the student's participation in
					 appropriate activities;
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter D - Individualized Education Programs › Section XLIII-321 - IEP Team

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public
					 agency shall ensure that the IEP Team for each student with a disability
					 includes:
1. one or both of the parents of
					 the student;
2. not less than one
					 regular education teacher of the student (if the student is, or may be,
					 participating in the regular education environment);
3. not less than one special education
					 teacher of the student, or where appropriate, not less than one special
					 education provider of the student;
4. an officially designated representative of
					 the public agency who:
a. is qualified to
					 provide, or supervise the provision of, specially designed instruction to meet
					 the unique needs of students with disabilities;
b. is knowledgeable about the general
					 education curriculum; and
c. is
					 knowledgeable about the availability of resources of the public
					 agency;
5. an individual
					 who can interpret the instructional implications of evaluation results, who may
					 be a member of the team as described in Paragraphs A.2 through A.6 of this
					 Section;
6. at the discretion of
					 the parent or the agency, other individuals who have knowledge or special
					 expertise regarding the student, including related service personnel as
					 appropriate; and
7. whenever
					 appropriate, the student with a disability.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter D - Individualized Education Programs › Section XLIII-322 - Parent Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public
					 Agency Responsibility-General
.
Each public agency shall take
					 steps to ensure that one or both of the parents of the student with a
					 disability are present at each IEP Team meeting or are afforded the opportunity
					 to participate, including:
1. notifying
					 parents of the meeting early enough to ensure that they will have an
					 opportunity to attend; and
2.
					 scheduling the meeting at a mutually agreed upon time and place.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter D - Individualized Education Programs › Section XLIII-323 - When IEPs Shall Be in Effect

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General. At the beginning of each school year, each public agency shall have in
					 effect, for each student with a disability within its jurisdiction, an IEP, as
					 defined in §320
B. IEPs for
					 Students Aged 3 through 5
1. In the case of
					 student with a disability aged 3 through 5, the IEP Team shall consider an
					 individualized family service plan (IFSP), if the student was served under Part
					 C of the IDEA.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter E - Development of IEP › Section XLIII-324 - Development, Review, and Revision of IEP

Current through Register Vol. 50, No. 6, June 20, 2024
A. Development of IEP
1. General. In developing each student's IEP,
					 the IEP Team shall consider:
a. the student's
					 strengths;
b. the concerns of the
					 parents for enhancing the education of their child;
c. the results of the initial evaluation or
					 most recent evaluation of the student; and
d. the academic, developmental, and
					 functional needs of 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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter E - Development of IEP › Section XLIII-325 - Private School Placements by Public Agencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Developing IEPs
1. Before a public agency places a student
					 with a disability in, or refers a student to, a private school or facility, the
					 agency shall initiate and conduct a meeting to develop an IEP for the student
					 in accordance with §320
2. The
					 agency shall ensure that a representative of the private school or facility
					 attends the meeting. If the representative cannot attend, the agency shall use
					 other methods to ensure participation by the private school or facility,
					 including individual or conference telephone calls.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter E - Development of IEP › Section XLIII-326 - 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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter E - Development of IEP › Section XLIII-327 - Educational Placements

Current through Register Vol. 50, No. 6, June 20, 2024
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.
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 3 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements › Subchapter E - Development of IEP › Section XLIII-328 - Alternative Means of Meeting Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. When conducting IEP Team meetings and
					 placement meetings pursuant to Chapters 3 and 5 of these regulations, and
					 carrying out administrative matters under
					 Section
					 615 of the IDEA (such as
					 scheduling, exchange of witness lists, and status conferences), the parent of a
					 student with a disability and a public agency may agree to use alternative
					 means of meeting participation, such as videoconferences and conference
					 calls.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter A - Special School District › Section XLIII-401 - Special School District (SSD)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Special School District (SSD) Board of
					 Directors is the governing authority of the SSD.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter A - Special School District › Section XLIII-402 - Provision of Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Special
					 education services provided by SSD to students with disabilities shall be
					 provided in compliance with these regulations. Provision of services to other
					 students (gifted or talented or regular education) is not governed by these
					 regulations.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter A - Special School District › Section XLIII-403 - Facility

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose
					 of this Chapter,
facility
shall refer to the agency or site
					 that houses an SSD program. Facility does not include SSD, which does not
					 operate any facilities but provides educational services to residents or
					 clients at facilities operated by other agencies.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter A - Special School District › Section XLIII-404 - Purpose and Jurisdiction

Current through Register Vol. 50, No. 6, June 20, 2024
A. SSD
					 shall be responsible for providing special education and related services to
					 any student with disabilities who is enrolled in any state-operated facility as
					 a resident of the facility and for providing appropriate educational services
					 to any eligible student enrolled in any state-operated mental health facility
					 as a resident of the facility, when the facility releases the student to SSD
					 for educational purposes.
B.
					 Individuals with disabilities over age 21 but not over age 24 shall be provided
					 continued special education services when data indicate that the individual
					 with a disability is able to continue to benefit from a program of instruction
					 specifically designed to provide for different learning styles of individuals
					 with disabilities.
C. SSD may enter
					 into interagency agreements with other state agencies to provide appropriate
					 educational services, including special education and related services, to any
					 eligible student who is not a resident of a state-operated facility but who is
					 in the care or custody of a public or private department, agency, or
					 institution.
D. SSD may enter into
					 interagency agreements with other State agencies to provide appropriate
					 educational services to any eligible individual regardless of age who is
					 enrolled in any state-operated facility as a resident of the
					 facility.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter A - Special School District › Section XLIII-405 - Transition/Day Programs

Current through Register Vol. 50, No. 6, June 20, 2024
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, in both residential and
					 transition/day programs.
1. Transition/day
					 programs shall contain the following elements:
a. all transition/day programs shall be
					 established by the facility in a detailed, written plan approved by the state
					 director;
b. students in a
					 transition/day program who attend school in their regular LEA may not be placed
					 in the SSD educational program for brief periods of time such as holidays and
					 other periods during which the student's regular LEA is closed; exceptions may
					 be made for unique circumstances on a case-by-case basis with prior written
					 consent of the SSD state director;
c. the facility shall provide the necessary
					 supports, including crisis management and health-related services, to SSD
					 students who are in the transition/day program; and
d. only students who are also receiving other
					 services from the facility may enroll in an SSD program at the facility;
					 educational services may not be the only service the student receives in the
					 transition/day program.
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 A - Special School District › Section XLIII-406 - Emergency and Respite Care Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The admission of a student by the state of
					 Louisiana into a state-operated facility for a temporary program of respite
					 care shall not automatically require enrollment in SSD for the purpose of these
					 regulations. The admission of a student on an emergency basis shall not
					 constitute enrollment in SSD; however, if such admission continues after a
					 decision has been made by the legally constituted agency or by a court of the
					 state of Louisiana to place the student in a state-operated residential
					 facility on a non-emergency basis, the student shall be enrolled in SSD in
					 accordance with these regulations.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter A - Special School District › Section XLIII-407 - 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 A - Special School District › Section XLIII-408 - Financing

Current through Register Vol. 50, No. 6, June 20, 2024
A. SSD shall retain
					 full financial responsibility for all education programs administered by
					 SSD.
B. The entity housing an SSD
					 program is responsible for providing all transportation services, including
					 those contained in a student's IEP, and daily living supplies such as basic
					 cleaning supplies; personal hygiene supplies; meals and meal supplies,
					 including but not limited to utensils, cups, and plates; and medical and health
					 related supplies.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter A - Special School District › Section XLIII-409 - 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 A - Special School District › Section XLIII-410 - Students with Disabilities in Adult Prisons

Current through Register Vol. 50, No. 6, June 20, 2024
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 relating to transition planning and transition services, with
					 respect to students whose eligibility will end, because of their age, before
					 they will be released from prison.
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 A - Special School District › Section XLIII-411.-449 - 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-450 - Louisiana Special Schools

Current through Register Vol. 50, No. 6, June 20, 2024
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-operated schools
					 providing educational programs and services for residential and/or day
					 students.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						17:6 and
						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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter B - BESE Special Schools › Section XLIII-451.-452 - 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-460 - Purpose and Jurisdiction

Current through Register Vol. 50, No. 6, June 20, 2024
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 for admission for each such
					 special school.
B.
1. Each LSS, in recognition of its uniqueness
					 and expertise in serving students with low incidence impairments, is designated
					 as a specialized state-wide resource center and may assist LEAs in the
					 provision of services as requested by LEAs.
2. Services may include, but are not limited
					 to: student assessment; in-service training; curricular materials sharing;
					 consultation; and program design, development, and evaluation.
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-461 - Provision of Services

Current through Register Vol. 50, No. 6, June 20, 2024
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.
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 4 - Special School District (SSD) and BESE Special Schools (BSS) › Subchapter B - BESE Special Schools › Section XLIII-462 - LEA Request for Enrollment in a LSS

Current through Register Vol. 50, No. 6, June 20, 2024
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:
1. documentation reflecting the student's
					 educational/behavioral functioning in the LEA setting including the student's
					 mode of communication to assist in determining a LSS's ability to provide an
					 appropriate program. This includes, but is not limited to student's records,
					 the most recent evaluation, most recent IEP, all records and reports regarding
					 grades and high stakes testing, behavior incidents, audiometric data, vision
					 data, educational progress, immunizations, special health concerns and relevant
					 information from private providers; and
2. an LEA representative at the IEP
					 conference, as appropriate;