2006 Louisiana Laws - RS 17:1947.1 — Exceptional children; strategic plans; regular class placement; teacher training and assistance; individualized education plans; limitations

§1947.1.  Exceptional children; strategic plans; regular class placement; teacher training and assistance; individualized education plans; limitations

A.  To provide for the orderly implementation of the least restrictive environment for the placement of an exceptional child the following shall occur:

(1)  The faculty at each public elementary and secondary school shall develop a strategic plan to manage the integration of exceptional children into the regular education classroom at their respective school and shall submit the plan to the superintendent of their school system by not later than October 1, 1999.  Each school shall implement its approved plan by not later than December 1, 1999.  The faculty of each school shall encourage the participation of the parents of each exceptional child in the development of the strategic plan for its school.

(2)  Each strategic plan developed by the faculty as provided in this Section shall include the following:

(a)  A mission statement.

(b)  Goals.

(c)  Objectives and activities to implement plans relating to the goals.

(d)  Students' needs.

(e)  Work in progress to implement the strategic plans.

(f)  Guidelines for the placement of additional staff into integrated classrooms to meet the needs of each exceptional child without diminishing the services rendered to the other students in the integrated classrooms.

(g)  Guidelines for implementation of collaborative planning and instruction.

(h)  Training for all regular education classroom teachers who serve exceptional children in integrated classrooms.

(3)  The provisions of this Subsection shall not require an additional plan if the strategic plan that meets the requirements of this Subsection has been submitted, approved, and implemented prior to May 5, 1998.

B. When any exceptional child, as defined in R.S. 17:1943, is placed in a regular education class on a full-time basis and the child's individualized education plan requires an adjustment in the curriculum, instruction, or service to be provided by the regular education teacher, this teacher shall:

(1)  Receive training to prepare the teacher to meet the needs of the exceptional child, if requested by the teacher.  Whenever possible, such training shall be provided prior to the placement of the exceptional child in the regular education classroom.  In instances when prior training is not possible, such training shall occur no later than ten days following the placement of the exceptional child in the regular education classroom.

(2)  Receive a signed copy of the exceptional child's individualized education plan at least five days prior to the placement of the exceptional child, if possible, or at the time of placement and be provided an opportunity to confer with the referring special education teacher and the parent of the exceptional child.

(3)  Have authority to call for a reconvening of the individualized education plan committee of any exceptional child assigned to his classroom provided such call includes a clearly articulated reason for the reconvening of the committee.  A meeting of the committee required by such teacher shall meet within twenty-one days of the teacher's call.

(4)  Participate on the individualized education plan committee of any exceptional child assigned to his classroom as a member of the committee at any meeting reconvened pursuant to Paragraph (3) of this Subsection and continuously thereafter for as long as the child is assigned to his classroom.

(5)  Receive assistance from persons trained or certified to deal with the exceptional child's needs whenever such assistance is part of the child's individualized education plan as necessary to ensure that the child's exceptional needs are met.

C.  Notwithstanding any provision of law to the contrary including R.S. 17:435, 436, and 436.1, a regular education teacher who is assigned an exceptional child shall not be required to administer catheters, perform noncomplex health procedures, or administer medication.  The provisions of this Subsection shall not prohibit any teacher who has volunteered for training in the administration of medication and has been trained from being required to administer medication.

D.  Any special education teacher or teacher aide or paraprofessional may be assigned to more than one school to assist a regular education teacher without the consent of the special education teacher or teacher aide or paraprofessional provided that such special education teacher or teacher aide or paraprofessional is allowed appropriate travel time and is reimbursed for any expenses incurred in accordance with rules and regulations as provided by the State Board of Elementary and Secondary Education.

E.(1)  The provisions of this Section shall be subject to any applicable laws, rules, and regulations relative to confidentiality of records of exceptional children.

(2)  The provisions of this Section shall be applicable to exceptional children provided special education services pursuant to Part I of Chapter 8 of this Title and to other students with disabilities provided services pursuant to Section 504 of the Rehabilitation Act of 1973 in federal law only to the extent the provisions are not in conflict with federal law, rules, and guidelines applicable to the education of students with disabilities.

Acts 1995, No. 1181, §1; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998.