2006 Louisiana Laws - RS 17:1946 — Least restrictive environment

§1946.  Least restrictive environment

A.  To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, shall be educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

B.(1)  Notwithstanding the provisions of this Section to the contrary, the Department of Education shall provide for the operation of one or more residential schools for the education of children with hearing or visual impairments who are unable to take advantage of the regular educational facilities provided in the community, and shall provide in connection therewith such academic, vocational, and other related services as may be required.  Children shall be eligible for admission to such schools only after proper diagnosis and evaluation in accordance with procedures prescribed by the Department of Education.

(2)  In administering the Louisiana School for the Deaf and the Louisiana School for the Visually Impaired pursuant to R.S. 17:4.1, the Department of Education, in accord with the policies of its governing authority, shall establish an admission policy to permit day or residential enrollment, when resources are sufficient, of children with hearing or visual impairments who can be served through regular education facilities and who therefore are considered ineligible for admission pursuant to the provisions of Paragraph (1) of this Subsection.  Both the Louisiana School for the Deaf and the Louisiana School for the Visually Impaired, with approval of the department, shall establish an annual enrollment deadline for admission to each of the respective schools for those children qualified under the provisions of Paragraph (1) of this Subsection.  After a school's deadline, any other children with hearing or visual impairments may enroll at the request of their parents, guardians, appointed custodians, or other legal surrogates if the Louisiana School for the Deaf or the Louisiana School  for the Visually Impaired determines, for their respective school, that there are sufficient resources to meet the needs of these children as well as the needs of the children enrolled prior to the enrollment deadline and any children qualified under the provisions of Paragraph (1) of this Subsection who may be enrolled after the deadline on an emergency basis.

(3)  The Department of Education, with the approval of its governing authority and with the advice of the Louisiana School for the Deaf and the Louisiana School for the Visually Impaired, shall adopt any rules and regulations necessary for the implementation of this Subsection.  Such rules and regulations may include the respective responsibilities of the student's parent, the state agency, the school district, and the Louisiana School for the Deaf and the Louisiana School for the Visually Impaired for students referred or admitted pursuant to the provisions of this Subsection.  Such rules and regulations shall recognize that the education of a hearing or visually impaired child shall be based on the child's unique needs, including language, social, emotional, and academic needs.  Such rules and regulations shall include a requirement that parents shall be informed of all placement options that will appropriately meet the unique educational needs of a hearing or visually impaired child.

Acts 1977, No. 754, §1.  Amended by Acts 1979, No. 728, §1, eff. July 20, 1979; Acts 1992, No. 433, §1, eff. June 20, 1992; Acts 1992, No. 458, §1, eff. June 20, 1992; Acts 1992, No. 911, §1; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998; Acts 1999, No. 188, §1.