Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7117 - Provider Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Education
1. The provider shall have and
				  adhere to written policies and procedures to ensure that each resident and
				  child of a resident has access to the most appropriate educational services
				  consistent with the resident's and child of a residents abilities and needs,
				  taking into account his/her age and level of functioning.
2. The provider shall ensure that educational
				  records from the resident's or child of a residents previous school are
				  transferred to the new educational placement timely.
3. A resident's service plan shall identify
				  if the resident has any disabilities. Residents and children of residents with
				  disabilities shall be identified to the local education agency. If the resident
				  or child of a resident is eligible for Individual with Disabilities Education
				  Act (IDEA) services, the provider shall work with the legal guardian to ensure
				  that he or she has a current educational evaluation, an appropriate
				  Individualized Educational Plan (IEP), and surrogate parent to assist him or
				  her in enforcing rights under the IDEA. If the resident or child of a resident
				  is eligible for section 504 accommodations in the Rehabilitation Act of 1973,
				  as amended, the provider shall work with the legal guardian.
4. If a resident or child of a resident is
				  suspected of having a disability that would qualify him or her for special
				  education services, the provider shall work with the legal guardian to ensure
				  that a request for a special education evaluation is made and that the local
				  education agency responds appropriately.
5. The provider shall work with the legal
				  guardian and, where applicable, surrogate parent, to identify any deficiencies
				  or problems with a resident's or child of a residents IEP or individualized
				  accommodations plan (IAP), and to ensure that the residents or child of a
				  residents IEP or IAP is being implemented by the local education
				  agency.
6. Whether educational
				  services are provided on or off-site, all residents and children of residents
				  of school age shall be enrolled in and attending the least restrictive
				  available option of either a school program approved by the Department of
				  Education or an alternative educational program approved by the local school
				  board within three school days of admission to the facility. Children of
				  residents residing in the facility shall attend school off site.
7. The provider shall ensure residents have
				  access to vocational training, GED programs, and other alternative educational
				  programming, if appropriate.
8.
				  Whether educational services are provided on or off-site, the provider shall
				  coordinate residents participation in school-related extracurricular
				  activities, including any related fees or costs for necessary
				  equipment.
9. The provider shall
				  coordinate children of residents participation in school-related
				  extracurricular activities, including any related fees or costs for necessary
				  equipment.
10. Whether educational
				  services are provided on or off-site, the provider shall notify the resident's
				  legal guardian(s) and, where applicable, the residents surrogate parent,
				  verbally and in writing within 24 hours of any truancy, expulsion, suspension,
				  or informal removal from school. Notification shall be documented in the
				  resident's or child of a residents record.
11. The provider shall notify the resident or
				  child of a residents legal guardian(s) verbally and in writing within 24 hours
				  of any truancy, expulsion, suspension, or informal removal of their child from
				  school. Notification shall be documented in the child of the residents
				  record.
12. All residents and
				  children of residents shall receive a free and appropriate education. If
				  transportation is not provided by the local educational authority, the provider
				  shall transport the resident or child of a resident to school or other
				  educational program in order for the resident to fulfill the requirements of
				  their educational program.
13. When
				  children of residents are picked up or dropped off at the facility by a public
				  or private school bus or transportation service, staff shall be present to
				  safely escort children of residents to and from the bus.
14. If educational services are provided
				  on-site, the following also apply.
a. The
				  provider shall provide accommodations for educational services to be provided
				  by the local school district in accordance with local school board calendar.
				  The school classes shall be held in classrooms/multi-purpose rooms. The
				  provider shall ensure that the educational space is adequate to meet the
				  instructional requirements of each resident.
b. Prior to the end of the first official
				  school day following admission, the resident shall receive a brief educational
				  history screening with respect to their school status, special education
				  status, grade level, grades, and history of suspensions or expulsions. Staff
				  shall use this information to determine initial placement in the facilitys
				  educational program.
c. Within 3
				  school days of the residents arrival at the facility, the provider shall
				  request educational records from the residents previous school. If records are
				  not received within 10 school days of the request, the program director shall
				  report in writing on the eleventh day to the local school district from which
				  records were requested that the information has been requested and not
				  received. If the records are not received within the following 7 school days of
				  notifying the local school district, the program director shall file a written
				  complaint with the Board of Elementary and Secondary Education (BESE) on the
				  eighth day.
d. Residents in
				  restricted, disciplinary, or high security units shall receive an education
				  program comparable to residents in other units in the facility consistent with
				  safety needs.
e. When residents are
				  suspended from the facility school, the suspension shall comply with local
				  jurisdiction due process requirements.
f. Behavior intervention plans shall be
				  developed for a resident whose behavior or emotional stability interferes with
				  their school attendance and progress.
g. The provider shall have available reading
				  materials geared to the reading levels, interests, and primary languages of
				  residents.
h. The provider shall
				  ensure that residents are engaged in instruction for the minimum minutes in a
				  school day required by law.
i. The
				  program director shall immediately report in writing to the local school
				  district if the facility school is not being staffed adequately to meet state
				  student to teacher ratios for education, including but not limited to, special
				  education staff and substitute teaching staff. If the issue is not resolved
				  within five school days by the local school district, then the program director
				  shall file a written complaint on the sixth day with BESE and cooperate with
				  any subsequent directives received from BESE.
j. The provider shall have documentation of a
				  satisfactory fingerprint-based criminal record check through the FBI as
				  required in
				  §7124 G
k. The provider shall have documentation of
				  State Central Registry (SCR) clearances as required in
				  §7112 C