La. Admin. Code tit. 28 § XLIII-114

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

Section XLIII-114 - LRE Requirements

A. General

1. Except as provided in §324. D.2 (regarding students with disabilities in adult prisons), the LDE adopts the policies and procedures in this Section and in §115 to ensure that public agencies in the state meet the federal LRE requirements of this Section and §115

2. Each public agency shall ensure that:

a. to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are nondisabled; and

b. special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

B. Additional Requirement-State Funding Mechanism

1. General

a. The state funding mechanism shall not result in placements that violate the requirements of Subsection A of this Section; and

b. the state shall not use a funding mechanism by which it distributes funds on the basis of the type of setting in which a student is served that will result in the failure to provide a student with a disability FAPE according to the unique needs of the student, as described in the student's IEP.

2. Assurance. The state has policies and procedures to ensure compliance with Paragraph B.1 of this Section.

La. Admin. Code tit. 28, § XLIII-114

Promulgated by the Board of Elementary and Secondary Education, LR 34:2039 (October 2008).

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