2006 Louisiana Laws - RS 17:1947 — Local educational agencies; responsibilities

§1947.  Local educational agencies; responsibilities

A.  Subject to the conditions and limitations of this Chapter, local educational agencies defined in R.S. 17:1943, in providing for the education of children with exceptionalities within their jurisdiction, shall have in effect policies, procedures, and programs that are consistent with state policies and procedures and that establish the following:

(1)  Free appropriate public education as defined in R.S. 17:1943.

(2)  Child find, which means that all children with exceptionalities residing in their jurisdiction, including children with exceptionalities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and that a practical method is developed and implemented to determine which children with exceptionalities are currently receiving needed special education and related services.

(3)  Individualized education programs that meet the requirements of R.S. 17:1945(C)(2), are developed, reviewed, and revised for each child with an exceptionality in accordance with R.S. 17:1945(C)(4).

(4)  Least restrictive environment as defined in R.S. 17:1946.

(5)  Children with exceptionalities and their parents are afforded the procedural safeguards required by R.S. 17:1945(C)(3) and R.S. 17:1952.

(6)  Children with exceptionalities are evaluated in accordance with R.S. 17:1945.

(7)  Confidentiality as defined in R.S. 17:1944(B)(22).

(8)  Children who participate in early intervention programs assisted under ChildNet,¹ and who will participate in preschool programs assisted under this Chapter, experience a smooth and effective transition to those preschool programs in a manner consistent with established procedures.  By the third birthday of such a child, an individualized education program shall be developed and implemented for the child.  The local educational agency shall participate in transition planning conferences arranged by the designated agency.

(9)(a)  Each local educational agency shall provide educational services for children with exceptionalities who are located within the geographical boundaries of such agency including all such children who are residents thereof and any such children who are temporarily located within such boundaries for any reason.

(b)  Funding for public school special educational services as provided by local educational agencies shall be as follows:

(i)  Each local educational agency shall provide special education and related services to children with exceptionalities who are located within its geographical boundaries; however, the agency shall pay the cost of such services only for such children who are residents within the geographical boundaries of the agency.

(ii)  If a local educational agency provides special education and related services to a child with an exceptionality who is located within the geographical boundaries of such agency but is not a resident thereof, the cost of any such special education and related services shall be reimbursed by the local educational agency within the boundaries of which the child resides, except as provided in Item (iii) of this Subparagraph.

(iii)  If a child with an exceptionality is living in a private residential facility in this state but the child is not a resident of this state or in the legal or permanent custody of a state agency, the local educational agency providing any special education and related services to that child shall be reimbursed by the residential facility for the cost of providing such services.

(c)  The local educational agency shall not be required to pay for the cost of education, including special education and related services, of a child with an exceptionality at a private school or facility if that agency made a free appropriate public education available to the child and the parents elected to place the child in such private school or facility.

(d)  No child with an exceptionality shall be denied educational services because of any person's or entity's failure to assume financial responsibility for such services.

(e)  The provisions of this Paragraph shall not apply to the following:

(i)  Any child enrolled in a school under the jurisdiction of Special School District No. 1 or Special School District No. 2.

(ii)  Any child enrolled in a special school under the jurisdiction of the State Board of Elementary and Secondary Education.

(iii)  Any child who is in the custody of the Department of Public Safety and Corrections as provided in R.S. 17:100.1(A).

(10)  The local educational agency has in effect, consistent with R.S. 17:1953, a comprehensive system of personnel development designed to ensure an adequate supply of qualified special education, regular education, and related services personnel.

(11)  The local educational agency has adopted and maintained standards consistent with any state-approved or state-recognized certifications or licensing requirements to ensure that personnel necessary to carry out this Chapter are appropriately and adequately prepared and trained.

(12)  Children with exceptionalities are included in general state- and district-wide assessment programs, with appropriate accommodations, where necessary.

(13)  A local advisory panel for the education of children with exceptionalities may be appointed by each local educational agency for the purpose of providing policy guidance with respect to special education and related services for children with exceptionalities in their school district, with the approval of its governing authority.  Membership of the panel shall be representative of the population of the school district.

B.  Special education and related services may be provided by local educational agencies for eligible children under three years of age.

C.  Except as otherwise specifically permitted by the State Board of Elementary and Secondary Education, there shall be a chronological age span of not more than three years and special education classes shall be grouped to provide for the most efficient delivery of services in accordance with the child's individualized education program.

D.  Whenever adequate education results can best be obtained by providing cooperative special education and related services, the local educational agencies shall establish and maintain such facilities and programs according to procedures established by the Department of Education with the approval of its governing authority.  Adjacent and nearby local educational agencies shall pool their resources for this purpose.  The local educational agency within whose boundaries said facility is located shall be designated as the coordinating fiscal agency.

E.  Local educational agencies shall provide whatever transportation is necessary to implement any individualized education program for a child with an exceptionality.  Transportation shall be provided in cooperative programs according to the method established in the contract between the cooperating agencies or districts and shall also be in accordance with the child's individualized education program.

F.  Local educational agencies shall employ a director of special education on a full- or part-time basis, according to procedures established by the Department of Education, with the approval of its governing authority.

Acts 1977, No. 754, §1; Acts 1990, No. 1046, §1; Acts 1992, No. 458, §1, eff. June 20, 1992; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998; Acts 2001, No. 181, §1.

¹As appears in enrolled bill.