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 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-823 - General Provisions Governing DHH and LDE's Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Confidentiality
				  of Information. In accordance with federal and state law, information on a
				  student's disability is confidential. For the purposes of identification,
				  location, evaluation, development, and implementation of the IEP; information
				  and records on mutually served students may be exchanged between the LDE and
				  DHH with the written, informed consent of the parent(s) of each student. The
				  method of exchanging information may be electronic or written. When a specific
				  student or family is identified, the exchange shall be written with proper
				  consent obtained.
B. Ancillary
				  Agreements
.
Regional and/or local agreements may be developed
				  and implemented between the respective programs within the LDE and DHH for the
				  purposes of determining and identifying interagency coordination to promote the
				  coordination of services and the timely and appropriate delivery of services to
				  each eligible student and family. The services may be provided either directly
				  or through a contract or other arrangement. These agreements are considered
				  binding for the programs under the auspices of the LDE and DHH only after
				  written approval of such regional or local agreements by the Secretary of DHH
				  and the state Director of Special Education in the LDE, respectively.
C. Joint Coordination and Monitoring. DHH and
				  LDE are required to develop jointly state level annual goals that are based on
				  needs/data. DHH and LDE are required to evaluate jointly the overall
				  effectiveness of these goals. Each department is required to designate a
				  liaison at the state level to coordinate the activities and monitor the
				  compliance of these regulations. Each agency is required to appoint an
				  interagency committee to review and evaluate the effectiveness of these
				  regulations, facilitate their implementation, and make recommendations for
				  revisions as deemed appropriate.
D.
				  Modifications to these Requirements. As the lead agency for implementation of
				  the Louisiana Education of Children with Exceptionalities Act and the
				  Individuals with Disabilities Education Act in Louisiana, the LDE is the sole
				  agency with authority to promulgate regulations pursuant to those statutes and
				  no modification to these requirements shall be made by any other agency by
				  regulation, policy, or otherwise, without the express written consent of the
				  LDE.
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 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-824.-899 - 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 9 - General › Subchapter A - Purposes and Applicability › Section XLIII-901 - Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purposes of
					 these regulations are the following:
1. to
					 ensure that all students with disabilities have available to them a free
					 appropriate public education that emphasizes special education and related
					 services designed to meet their unique needs and prepare them for further
					 education, employment, and independent living;
2. to ensure that the rights of students with
					 disabilities and their parents are protected;
3. to assist localities and educational
					 service agencies to provide for the education of all students with
					 disabilities; and
4. to assess and
					 ensure the effectiveness of efforts to educate students with
					 disabilities.
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 9 - General › Subchapter A - Purposes and Applicability › Section XLIII-902 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public Agencies
					 within the state. The provisions of these regulations:
1. apply to all political subdivisions of the
					 state that are involved in the education of students with disabilities,
					 including:
a. the Louisiana Department of
					 Education, referenced in these regulations as the "LDE";
b. local educational agencies (LEAs),
					 educational service agencies (ESAs), and public charter schools that are not
					 otherwise included as LEAs or ESAs and are not a school of an LEA or
					 ESA;
c. other State agencies and
					 schools (such as Department of Health and Hospitals, Department of Social
					 Services, Special School District, and Board Special Schools);
d. state and local juvenile and adult
					 correctional facilities; 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 9 - General › Subchapter B - Definitions used in these Regulations › Section XLIII-903 - Definitions/Terms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms
					 defined in
					 §904 of this
					 chapter are used throughout these regulations. Unless expressly provided to the
					 contrary, each definition/term used in these regulations shall have the meaning
					 established by this Chapter.
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 9 - General › Subchapter B - Definitions used in these Regulations › Section XLIII-904 - Abbreviations/Acronyms

Current through Register Vol. 50, No. 6, June 20, 2024
ALJ
-administrative law judge.
BSS
-BESE special schools.
DAL
-Division of Administrative
						Law.
DHH
-state Department of Health and
						Hospitals.
DPS and C
-state Department of Public
						Safety and Corrections.
DSS
-state Department of Social
						Services.
FAPE
-free appropriate public
						education.
FERPA
-Family Educational Records and
						Privacy Act of 1974.
IDEA
-part B of the Individuals with
						Disabilities Education Act which amends the Education for All Handicapped
						Children Act of 1975, formerly known as EHA ( P.L. 94-142).
IEP
-the individualized education
						program required by
						§320 of these
						regulations.
LDE
Louisiana State Department of
						Education.
LEA
-local education agency.
LRE
-least restrictive
						environment.
LSD
-Louisiana School for the
						Deaf.
LSEC
-Louisiana Special Education
						Center.
LSVI
-Louisiana School for the Visually
						Impaired.
NCLB
-No Child Left Behind.
NIMAC
-National Instructional Materials
						Access Center.
NIMAS
-National Instructional Materials
						Accessibility Standard.
ODR
-officially designated
						representative.
OYD
-Office of Youth Development.
SBESE
-state Board of Elementary and
						Secondary Education.
Section 504
-Section 504 of the Rehabilitation Act of 1973,
						as amended,
						29 U.S.C.
						794.
SSD-
special school district.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						17:6 and
						17:1941 et
						seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1101 - Free Appropriate Public Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana State Board of Elementary
				  and Secondary Education (the state board) shall be responsible for the
				  assurance of a free appropriate public education to all gifted and talented
				  students ages three through twenty-one years unless the student exits with a
				  high school diploma; and shall exercise supervision and control of public
				  elementary and secondary education.
B. The state board will be directly
				  responsible for the provision of a free appropriate public education (FAPE) to
				  gifted and talented students, ages 3 through 21 years, who are within the
				  jurisdiction of either the Special School District or in a Louisiana special
				  school (Louisiana School for the Visually Impaired or Louisiana School for the
				  Deaf) unless the student exits with a high school diploma.
C. The state ensures the use of whatever
				  state, local, federal, and private sources of support are available in the
				  state to meet the requirements of these regulations.
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1102 - Issuance of Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  state board shall adopt, amend, or repeal rules, regulations, standards, and
				  policies necessary or proper for the provision of a free appropriate public
				  education developed pursuant to
				  R.S.
				  17:1941
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1103 - Compliance with Federal Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The state board has the responsibility of complying with rules and regulations
				  governing grants for educational purposes from the federal government or from
				  any other person or agency, which are not in contravention to the Constitution
				  and laws, and the authority to take all action necessary to achieve
				  compliance.
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1105 - Program Options

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department shall ensure that each LEA take steps to ensure that its gifted and
				  talented students residing in the area served by the LEA have available to them
				  the variety of educational programs and services available to all students in
				  the area served by the agency.
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1107 - Child Find Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  LEA, in accordance with the requirements of this subpart, shall document that
				  the effort of ongoing identification activities is conducted to identify and
				  locate each student who is under its jurisdiction, who is suspected of being
				  gifted or talented in visual arts, music or theatre and in need of special
				  education and related services, and who is one of the following:
1. enrolled in an educational program
				  operated by an LEA;
2. enrolled in
				  a private school program;
3.
				  enrolled in a public or private preschool or day care program;
4. is not enrolled in school, except for
				  students who have graduated with a regular high school diploma.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1117 - Facility Comparability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Facilities identified as being for gifted and talented students and the
				  services and activities provided therein shall meet the same standards and
				  level of quality as do the facilities, services, and activities provided to
				  other 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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1118 - General Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  local educational agency (LEA) shall establish and implement procedural
				  safeguards that meet the requirements of 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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1129 - Gifted and Talented Students Enrolled by their Parents in Private Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Definitions
Private School Students
-students enrolled
					 by their parents in private schools or facilities.
B. Private school gifted and talented
				  students shall be identified, located, and evaluated through prescribed
				  procedures.
1. Each LEA shall locate,
				  identify, and evaluate all private school gifted and talented students,
				  including religious-school students residing in the jurisdiction of the
				  LEA.
2. The activities undertaken
				  to carry out this responsibility for private school gifted and talented
				  students shall be comparable to activities undertaken for gifted and talented
				  students in public schools.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1130 - General LDE Responsibilities and Authorities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state Superintendent of Public
				  Elementary and Secondary Education (the superintendent) and the state
				  Department of Education (the LDE) shall administer those programs and policies
				  necessary to implement
				  R.S.
				  17:1941 et seq. Responsibilities of the state
				  superintendent and the department are listed below.
1. The department shall approve, in
				  accordance with standards approved by the state board, each public school
				  program that delivers special education.
2. The department shall recommend to the
				  state board, in accordance with standards approved by the state board, each
				  participating private school program that delivers special education.
3. The department shall receive, administer,
				  and direct the distribution of federal funds for the education of students with
				  exceptionalities in gifted or talented in visual arts, music or theatre, except
				  those received directly by LEAs.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1132 - Personnel Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General. The LDE shall establish and maintain qualifications of personnel
				  through Bulletin 746-
Louisiana Standards for State Certification of
				  School Personnel
, to ensure that personnel necessary to carry out the
				  purposes of these regulations are appropriately and adequately prepared and
				  trained, including that those personnel have the content knowledge and skills
				  to serve students identified as gifted or talented.
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1149 - General Supervision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Division of Special Populations is established within the department to provide
				  general supervision of all education programs for gifted and talented students
				  within the state.
General supervision
is defined as the
				  responsibility to perform functions prescribed by the state board.
1. The Division of Special Populations shall
				  ensure that any state standards affecting other state agencies and established
				  under the general supervision requirement shall be developed in cooperation
				  with such agencies.
2. The Division
				  of Special Populations shall disseminate such standards and revisions to all
				  public agencies bound by them and provide parents and all citizens with
				  information requested regarding implementation of such state
				  standards.
3. The Division of
				  Special Populations shall provide technical assistance to all public agencies
				  bound by such standards in their proper implementation.
4. The Division of Special Populations shall
				  monitor according to written procedures the implementation of state standards
				  in each public agency. Such monitoring shall include child identification and
				  programmatic, administrative, and fiscal issues.
5. The Division of Special Populations shall
				  institute a system for complaint management regarding the implementation of
				  state standards.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1151 - Adoption of State Complaint Procedures and Early Resolution Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The LDE
				  adopts written procedures herein and in Bulletin 1573-
Complaint
				  Management Procedures,
for:
1. the
				  purpose of resolving any complaint alleging that a public agency has violated
				  the
Louisiana Children with Exceptionalities Act
,
				  R.S.
				  17:1941, including a complaint filed by an
				  organization or individual from another state, that meets the requirements of
				  §1151 by
				  providing:
a. for the implementation of an
				  Early Resolution Process (ERP); and/or
b. the filing of a formal written complaint
				  with the LDE.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1152 - Formal Written Complaints Filing and Content Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. An organization
				  or individual, including those from another state, may file a signed written
				  complaint under the procedures described in §1151
B. The complaint shall include:
1. a statement that a public agency has
				  violated a requirement of these regulations;
2. the facts on which the statement is
				  based;
3. the signature and contact
				  information for the complainant; and
4. if alleging violations with respect to a
				  specific student:
a. the name and address of
				  the residence of the student;
b.
				  the name of the school the student is attending;
c. in the case of a homeless child or youth
				  (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance
				  Act (42 U.S.C.
				  11434 a(2)), available contact information
				  for the student, and the name of the school the student is attending;
i. a description of the nature of the problem
				  of the student, including facts relating to the problem; and
ii. a proposed resolution of the problem to
				  the extent known and available to the party at the time the complaint is
				  filed.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1153 - Formal Written Complaint Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Time Limit; Minimum Procedures. The time
				  limits in this Section begin after the LDE receives a signed written complaint
				  filed under
				  §1152 The
				  LDE will refer the complaint to the LEA superintendent, special education
				  director/supervisor, or ERP representative in accordance with
				  §1151
1. The LDE shall:
a. not commence investigation of a formal
				  written complaint until after expiration of the 15-day early resolution period
				  described in §1151; but
b.
				  shall complete its investigation of unresolved allegations and issue a decision
				  within 45 days after the expiration of the early resolution period in
				  accordance with the procedures contained in this Section.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1156 - Adequate Supply of Qualified Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department will analyze state and
				  local needs for professional development for personnel to serve gifted and
				  talented students: the number of personnel providing special education and
				  related services; relevant information on current and anticipated personnel
				  vacancies and shortages (including the number of individuals with temporary
				  certification); and the training or retraining necessary to eliminate the
				  shortages based, to the maximum extent possible, on existing assessments of
				  personnel needs.
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1167 - Appointment of a Gifted/Talented Program Contact Person

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LEA shall designate a contact person
				  for the gifted and talented programs.
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1173 - Nondiscrimination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				  shall comply with all statutes and regulations prohibiting discrimination on
				  the basis of race, color, national origin, sex, disability and age.
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 2 - Regulations for Gifted/Talented Students › Chapter 11 - State Eligibility › Section XLIII-1174 - Disproportionality

Current through Register Vol. 50, No. 6, June 20, 2024
A. Consistent with
				  the purposes of these regulations, the LDE establishes the following policies
				  and procedures to prevent the inappropriate over-identification or
				  disproportionate representation by race and ethnicity of students as students
				  with exceptionalities.
1. The LDE shall
				  annually collect and analyze data described in Subsection A above.
2. When data described in Subsection A. above
				  indicate over-identification or disproportionate identification, the LDE shall
				  review the policies, procedures, and practices of the LDE or the affected
				  LEA.
3. When the review indicates
				  an inappropriate identification process, the LDE shall require the revision of
				  the LDE's or the affected LEAs policies, procedures, and practices to ensure
				  compliance with these regulations.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 12 - Local Educational Agency Eligibility › Section XLIII-1201-1229 - 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 2 - Regulations for Gifted/Talented Students › Chapter 12 - Local Educational Agency Eligibility › Section XLIII-1230 - 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 an
				  exceptionality as gifted or talented in visual arts, music or theatre 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 an
				  exceptionality, 3 through 21 years of age, who resides within its jurisdiction
				  except those students enrolled by their parents in a private school program.
1. LEAs are not required to provide services
				  to students whose parents choose not to enroll them in a program operated by
				  the LEA.
2. Services do not have to
				  be provided to gifted or talented students who have been suspended or
				  expelled.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 12 - Local Educational Agency Eligibility › Section XLIII-1231-1299 - 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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1301 - 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 gifted or talented
				  student as defined in
				  §1904 shall,
				  after providing notice consistent with §1503, obtain written informed
				  consent consistent with the definition of consent in §1 904, 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 an exceptionality.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1302 - 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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1303 - Nonbias of Testing and Evaluation Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall, with the approval of
				  the SBESE, establish procedures as found in
				  §1305 to
				  ensure that testing and evaluation materials used for evaluation and placement
				  are free of racial, cultural, and/or gender bias.
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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1304 - 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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1305 - Evaluation and Re-evaluation Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Refer to Bulletin 1508-
The Pupil
				  Appraisal Handbook
.
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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1306-1319 - 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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1320 - 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, is a written
				  statement for each student with an exceptionality that is developed, reviewed,
				  and revised in a meeting in accordance with
				  §1320 and
				  that shall include the following provisions.
1. Each LEA is responsible for initiating and
				  conducting meetings for the purpose of developing, reviewing, and revising the
				  IEP of gifted and talented students in accordance with all the requirements in
				  Bulletin 1530-
Louisiana's IEP Handbook for Students with
				  Exceptionalities.
2. An
				  IEP that is consistent with FAPE shall be developed and implemented for
				  eligible students.
3. The IEP shall
				  be developed using a format approved by the department.
4. The LEA shall provide a copy of each
				  completed IEP/Placement document signed by the officially designated
				  representative of the LEA at no cost to the student's parent(s).
5. At the beginning of each school year, each
				  LEA shall have in effect an IEP for every gifted and talented student receiving
				  special education and related services in that LEA.
6. When the student's IEP is in effect, it
				  shall be accessible to each regular education teacher, special education
				  teacher, related service provider, and any other service provider who is
				  responsible for its implementation.
a. Each
				  teacher shall be informed of his or her specific responsibilities.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1321 - IEP Team Participants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LEA
				  shall ensure that the IEP team for each student with an exceptionality includes
				  all of the required participants, as listed below:
1. one or both of the parents of the
				  student;
2. input from at least one
				  regular education teacher of the student to the extent appropriate, in the
				  development, review and revision of the student's IEP;
3. at least one special education teacher of
				  the student;
4. an officially
				  designated representative of the LEA;
5. an individual who can interpret the
				  instructional implications of evaluation as designated by the
				  district;
6. at the discretion of
				  the parent or LEA, other individuals who have knowledge or special expertise
				  regarding the student, including related service personnel as appropriate. The
				  determination of the knowledge or special expertise of any individual shall be
				  made by either the parent or the LEA, whoever invited the individual to be a
				  member of the IEP team;
7. whenever
				  appropriate, the student identified as gifted or talented.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1322 - Parent Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. LEAs
				  shall take steps to ensure that one or both of the parents of the gifted and
				  talented student are present at each IEP Team meeting or are afforded an
				  opportunity to participate. LEAs shall contact the parent(s) in writing
				  regarding each meeting early enough to ensure that they will have an
				  opportunity to attend and shall schedule the meeting at a mutually agreed upon
				  time and place.
1. This notice shall indicate
				  the purpose, time, and location of the meeting, as well as who shall be in
				  attendance.
2. This notice shall
				  inform the parents of the participation of other individuals on the IEP team
				  who have knowledge or special expertise about the student.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1323 - 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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1324 - Gifted and Talented IEP Content and Format

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each completed IEP shall contain a general
				  overview of the student's instructional needs. Required components are listed
				  below:
1. the student's strengths and
				  interests;
2. the concerns of the
				  parents for enhancing the education of their child;
3. the results of the initial evaluation or
				  most recent re-evaluation of the student;
4. as appropriate, the results of the
				  student's performance on any general state or district wide assessment
				  program;
5. the student's present
				  levels of educational performance;
6. pertinent social/emotional
				  information;
7. Input from a
				  regular education teacher (if enrolled in general education).
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1325 - IEP Accountability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  LEA shall provide special education and related services to gifted and talented
				  students in accordance with the student's IEP.
B. The LEA shall make a good faith effort to
				  assist the student to achieve the goals listed in the IEP.
C. No state agency, teacher, or other person
				  shall be held accountable if a student does not achieve the growth projected in
				  the annual goals.
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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1326 - Students in an Educational Program Operated by the LEA

Current through Register Vol. 50, No. 6, June 20, 2024
A. LEA shall identify a student as suspected
				  of being gifted and talented by the School Building Level Committee (SBLC)
				  according to Bulletin 741-
The
School Administrator's
				  Handbook
. This committee shall coordinate and document the results, as
				  appropriate, of educational screening, intellectual screening, talent
				  screening, or other types of screening as needed, as defined in Bulletin
				  1508
-the Pupil Appraisal Handbook.
B. Within 10 LEA business days after receipt
				  of the referral by the pupil appraisal office for an individual evaluation,
				  pre-referral activities as listed in the Bulletin 1508
-Pupil Appraisal
				  Handbook
under "Initial Responsibilities" of the evaluation
				  coordinator shall be conducted.
C.
				  For an initial evaluation and the re-evaluation, the LEA shall obtain informed
				  parental consent according to
				  §1301 of
				  Bulletin 1706, Subpart 2. Receipt of parental consent for an individual
				  evaluation by pupil appraisal personnel begins the 60 business days
				  timeline.
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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1327 - Gifted/Talented Students Transferring from one LEA to another LEA within Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. Students
				  who have been receiving gifted and talented services in one LEA in Louisiana
				  and who transfer to another LEA within Louisiana shall be enrolled in the
				  appropriate special education program in the new LEA with the current IEP or
				  the development of a review IEP within five school days of the
				  transfer.
B. Transmittal of
				  Records. To facilitate the transition for a student transferring from one LEA
				  to another LEA within the state:
1. the new
				  public agency in which the student enrolls shall take reasonable steps to
				  promptly obtain the student's records, including the IEP and supporting
				  documents and any other records relating to the provision of special education
				  or related services to the student, from the previous public agency in which
				  the student was enrolled, pursuant to
				  34
				  CFR 99.31(a)(2);
				  and
2. the previous public agency
				  in which the student was enrolled shall take reasonable steps to promptly
				  respond to the request from the new public agency.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1328 - Students Out of School and/or Gifted and Talented Students Residing in the State

Current through Register Vol. 50, No. 6, June 20, 2024
A. Students out
				  of school, including students ages 3 through 22 years who are suspected of
				  being gifted or talented who have left a public school without completing their
				  public education by obtaining a state diploma, shall be referred to Child Find,
				  who shall locate and offer enrollment in the appropriate public school program
				  and refer them for an individual evaluation, if needed. Gifted or talented
				  students may be enrolled with the development of an interim IEP based on their
				  individual need, following the enrollment process according to Bulletin
				  1530.
B. If the Louisiana
				  evaluation is current, students may be enrolled with the development of a
				  review IEP within five school days.
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 2 - Regulations for Gifted/Talented Students › Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements › Section XLIII-1329-1399 - 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 2 - Regulations for Gifted/Talented Students › Chapter 15 - Procedural Safeguards › Section XLIII-1501 - Discipline Procedures for Gifted and Talented Students

Current through Register Vol. 50, No. 6, June 20, 2024
A. Discipline procedures for students
				  identified as gifted or talented are the same as for regular education
				  students.
B. Discipline information
				  remains with the regular education records.
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 2 - Regulations for Gifted/Talented Students › Chapter 15 - Procedural Safeguards › Section XLIII-1502 - Opportunity to Examine Records and Parental Participation in Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parents of
				  gifted and talented students shall be afforded an opportunity to inspect and
				  review all educational records with respect to the identification, evaluation
				  and educational placement of the student and with respect to the provision of a
				  FAPE to the student.
B. Parents of
				  gifted and talented students shall be afforded an opportunity to participate in
				  meetings with respect to the identification, evaluation and educational
				  placement of the student and the provision of a free appropriate public
				  education to the student.
1. Each LEA shall
				  provide notice consistent with
				  §1503 of
				  these regulations to ensure that parents of Gifted and Talented students have
				  the opportunity to participate in meetings described in paragraph §
												1502.
				  B
2. A meeting does not include
				  informal or unscheduled conversations involving LEA personnel and conversations
				  on issues such as teaching methodology, lesson plans, or coordination of
				  service provision, if those issues are not addressed in the student's IEP. A
				  meeting also does not include preparatory activities in which public agency
				  personnel engage to develop a proposal or response to parents' proposal that
				  will be discussed at a later meeting.
3. Each LEA shall ensure that the parents of
				  each gifted and talented student are members of any group that makes decisions
				  on the educational placement of their child (see
				  §1322 of
				  these regulations).
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 2 - Regulations for Gifted/Talented Students › Chapter 15 - Procedural Safeguards › Section XLIII-1503 - Prior Notice and Procedural Safeguard Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written notice shall be given to the
				  parents of gifted and talented students a reasonable time before the LEA:
1. proposes to initiate or change the
				  identification, evaluation, or educational placement of the student or the
				  provision of a free appropriate public education to 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.