La. Admin. Code tit. 28 § XLIII-101

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-101 - Authority and Scope

A. General. A free appropriate public education shall be available to all students residing in the state between the ages of 3 and 21, inclusive, including students with disabilities who have been suspended or expelled from school as provided for in §530. D.

1. In accordance with R.S. 17:1941 et seq., the Board of Elementary and Secondary Education is:

a. responsible for the assurance of a free appropriate public education to all students residing in the state; and

b. directly responsible for the provision of a free appropriate public education to students within the jurisdiction of the Special School District, the Recovery School District, or in a Louisiana Special School (the Louisiana School for the Visually Impaired or the Louisiana School for the Deaf).

B. FAPE for Children Beginning at Age Three

1. The state board shall ensure that:

a. the obligation to make FAPE available to each eligible student residing in the state begins no later than the child's third birthday; and

b. an IEP is in effect for the student by that date, in accordance with §323. B.

2. if a student's third birthday occurs during the summer, the student's IEP Team shall determine the date when services under the IEP will begin.

C. Students Advancing from Grade to Grade

1. The state shall ensure that FAPE is available to any individual student with a disability who needs special education and related services, even though the student has not failed or been retained in a course or grade, and is advancing from grade to grade.

2. The determination that a student described in Subsection A of this Section is eligible under these regulations shall be made on an individual basis by the group responsible within the student's LEA for making eligibility determinations.

La. Admin. Code tit. 28, § XLIII-101

Promulgated by the Board of Elementary and Secondary Education, LR 34:2036 (October 2008), Amended LR 46180 (2/1/2020), Amended LR 4835 (1/1/2022).

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