Statutes, codes, and regulations
Louisiana Administrative Code
Title 28 - EDUCATIONPart XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities ActSubpart 1 - Students with DisabilitiesChapter 1 - State Eligibility
Subchapter A - FAPE Requirements
Section XLIII-102 - Limitation-Exception to FAPE for Certain Ages

La. Admin. Code tit. 28 § XLIII-102

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Current through Register Vol. 50, No. 3, March 20, 2024
Section XLIII-102 - Limitation-Exception to FAPE for Certain Ages
A. General. The obligation to make FAPE available to all students with disabilities does not apply with respect to the following.
1. Students aged 18 through 21 who, in the last educational placement prior to their incarceration in an adult correctional facility:
a. were not actually identified as being a student with a disability as defined in §905; and
b. did not have an IEP under Part B of the IDEA:
i. the exception in Subparagraph A.1.a of this Section does not apply to students with disabilities, aged 18-21, who:
(a). had been identified as a student with a disability as defined in §905 and had received services in accordance with an IEP, but who left school prior to their incarceration; or
(b). did not have an IEP in their last educational setting, but who had actually been identified as a student with a disability as defined in §905;
2.
a. students with disabilities who have graduated from high school with a regular high school diploma:
b. the exception in Paragraph A.2 of this Section does not apply to students who have graduated from high school but have not been awarded a regular high school diploma;
c. graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with §504;
d. as used in Subparagraphs A.2.a through A.2.c of this Section, the term regular high school diploma does not include an alternative degree that is not fully aligned with the state's academic standards, such as a certificate or a general educational development credential (GED).
B. Documents Relating To Exceptions. The LDE shall assure that the information it has provided to the secretary regarding the exceptions in Subsection A of this Section, as required by §701 (for purposes of making grants to states under these regulations), is current and accurate.

La. Admin. Code tit. 28, § XLIII-102

Promulgated by the Board of Elementary and Secondary Education, LR 34:2036 (October 2008).
AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.