Ala. Admin. Code r. 290-8-8-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 290-8-8-.09 - LEA Responsibilities

(1) Student Placements

(a) Placed by a Local Education Agency (LEA)

1. A student placed by an LEA at an approved STC will remain enrolled at the LEA of origin.

2. A student placed in an approved STC by an LEA and meets the requirements for receiving a high school diploma will receive the diploma from the LEA placing the student in the facility.

3. For children with disabilities who have been placed by an LEA, it is the responsibility of the LEA who placed the student to ensure that a free and appropriate public education is provided.

(b) Placed by State Agency

1. A student placed by a state agency at an approved STC shall be enrolled in the LEA where the facility is located within seven business days.

2. A student placed in an approved STC by a state agency and meets the requirements for receiving a high school diploma should receive a high school diploma from the LEA in which the facility is located.

3. For children with disabilities who have been placed by a state agency or determined to be wards of the state, it is the responsibility of the LEA where the facility is located to ensure that a free and appropriate education is provided.

(c) Parentally Placed Students in a public STC.

1. A student placed by parents at an approved public STC shall be enrolled in the LEA where the facility is located within seven business days.

2. A student placed in an approved public STC by parents and meets the requirements for receiving a high school diploma should receive a high school diploma from the LEA in which the facility is located.

3. The LEA where the approved public STC is located is responsible for implementing the Individuals with Disabilities Education Act (IDEA) requirements for parentally placed children with disabilities in the public STC.

(d) Public school students parentally placed in a public STC.

1. A public school student placed by parents at an approved public STC shall be enrolled in the LEA where the facility is located within seven business days.

2. A public school student placed in an approved public STC by parents and meets the requirements for receiving a high school diploma should receive a high school diploma from the LEA in which the facility is located.

(e) Private school students parentally placed in a non-public/private STC

1. A private school student placed by parents at an approved non-public/private STC shall be enrolled at the facility in the student management system within three business days.

2. Private-school students placed in a non- public/private STC by parents are not the financial responsibility of the LEA in which the students would have resided since the parent chose to enroll his or her child in the STC. In addition, the LEA does not have the authority to issue an Alabama high school diploma to a student that did not complete the high school graduation requirements under its authority. Accordingly, parentally-placed students in an approved STC would not be entitled to be issued an Alabama high school diploma.

3. Private school children enrolled in non- public/private STCs by their parents do not have an individual entitlement to the special education and related services they would receive if they were enrolled in a traditional public school. The LEA where the STC is located is responsible for implementing the Individuals with Disabilities Education Act (IDEA) requirements for parentally placed children with disabilities in the non-public/private STC. This includes requirements related to child find and equitable services.

(2) The LEA will name a representative that shall collaborate with a representative named by the center to developa Memorandum of Agreement which shall include, but not be limited to, specific processes for shared services, implementation of Individualized Education Program (IEP) and FAPE, testing schedules for state assessments, the oversight of educational offerings, assistance with compliance with Alabama Administrative Code Chapter 290-8-9, and distribution of funds.

Ala. Admin. Code r. 290-8-8-.09

New Rule: Filed January 17, 2014; effective February 21, 2014.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 02, November 30, 2021, eff. 1/14/2022.

Authors: Dennis Coe, Dr. Daniel Boyd

Statutory Authority:Code of Ala. 1975, § 16-4-13.