La. Admin. Code tit. 28 § XLIII-138

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

Section XLIII-138 - Equitable Services Provided

A. General

1. The services provided to parentally-placed private school students with disabilities shall be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school students with disabilities do not have to meet the highly qualified special education teacher requirements contained in the definition of highly qualified special education teachers in §905.

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

B. Services Provided in Accordance with a Services Plan

1. Each parentally-placed private school student with a disability who has been designated to receive services under §132 shall have a services plan that describes the specific special education and related services that the LEA will provide to the student in light of the services that the LEA has determined, through the process described in §134 and 137, it will make available to parentally-placed private school students with disabilities.

2. The services plan shall, to the extent appropriate:

a. meet the requirements at §320, or for a child ages three through five, meet the requirements of §323. B with respect to the services provided; and

b. be developed, reviewed, and revised consistent with §321

C. Provision of Equitable Services

1. The provision of services pursuant to this Section and §139 shall be provided:

a. by employees of a public agency; or

b. through contract by the public agency with an individual, association, agency, organization, or other entity.

2. Special education and related services provided to parentally-placed private school students with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.

La. Admin. Code tit. 28, § XLIII-138

Promulgated by the Board of Elementary and Secondary Education, LR 34:2043 (October 2008).

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