La. Admin. Code tit. 28 § XCVII-901

Current through Register Vol. 50, No. 8, August 20, 2024

Section XCVII-901 - No Individual Right to Special Education and Related Services

A. No parentally placed private school student with disabilities has an individual right to receive some or all of the special education and related services that the student would receive when enrolled in a public school.

B. When a student with disabilities is enrolled in a religious or other private school by the student's parents and will receive special education or related services from an LEA, the LEA shall:

1. initiate and conduct meetings to develop, review, and revise a Services Plan for the student;

2. ensure the attendance of a representative of a private school when the student is voluntarily enrolled in a private school. When the representative cannot attend, the LEA shall use other methods to ensure participation by the private school or facility, including individualized or conference telephone calls.

3. Parentally placed private school students with disabilities may receive a different amount of services than students with disabilities in public schools.

4. Students with disabilities aged three-through-five are considered to be parentally placed private school students with disabilities when enrolled by their parents in private, including religious elementary schools, that meets the definition of elementary school in Bulletin 1706/Subpart A-Regulations for the Implementation of the Children with Exceptionalities Act§905.

C. When the LEA opts to provide special education services to students identified as gifted and/or talented, the Services Plan may be used to identify the services.

La. Admin. Code tit. 28, § XCVII-901

Promulgated by the Board of Elementary and Secondary Education, LR 35:2347 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.