La. Admin. Code tit. 28 § XLIII-146

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLIII-146 - Responsibility of the LDE

A. The LDE shall ensure that a student with a disability who is placed in or referred to a private school or facility by a public agency:

1. is provided special education and related services:

a. in conformance with an IEP that meets the requirements of §320 through 325; and

b. at no cost to the parents;

2. is provided an education that meets the standards that apply to education provided by the LDE and LEAs including the requirements of these regulations, except for requirements contained in the definition of highly qualified special education teachers in §905 and §156. C; and

3. has all of the rights of a student with a disability who is served by a public agency.

B. When it is necessary to provide special education and related services in programs other than public schools, these placements must not occur until it has been determined by the LDE that the student cannot be appropriately educated by another public agency of the state. After determination has been made that neither the public schools nor another public agency of the state can adequately provide special education and related services, then private programs within the state may be considered. If these programs are still inadequate to meet the educational needs of the student, then out-of-state private programs may be approved.

La. Admin. Code tit. 28, § XLIII-146

Promulgated by the Board of Elementary and Secondary Education, LR 34:2044 (October 2008).

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