La. Admin. Code tit. 28 § XLIII-148

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

Section XLIII-148 - Placement of Students by Parents when FAPE is at Issue

A. General. These regulations do not require an LEA to pay for the cost of the education, including special education and related services, of a student with a disability at a private school or facility if that agency made a FAPE available to the student, and the parents elected to place the student in a private school or facility. However, the public agency shall include that student in the population whose needs are addressed consistent with §131

B. Disagreements about FAPE. Disagreements between the parents and a public agency regarding the availability of a program appropriate for the student, and the question of financial reimbursement, are subject to the due process procedures in §505

C. Reimbursement for Private School Placement. If the parents of a student with a disability, who previously received special education and related services under the authority of a public agency, enroll the student in a private preschool, elementary school, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made FAPE available to the student in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if the placement does not meet the state standards that apply to education provided by the LEAs and the LDE.

D. Limitation on Reimbursement. The cost of reimbursement described in Subsection C of this Section may be reduced or denied:

1. if:

a. at the most recent IEP Team meeting that the parents attended prior to removal of the student from the public agency, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide FAPE to the student, including stating their concerns and their intent to enroll their child in a private school at public expense; or

b. at least 10 business days (including any holidays that occur on a business day) prior to the removal of the student from the public school, the parents did not give written notice to the public agency of the information described in Subparagraph D.1.a of this Section;

2. if, prior to the parents' removal of the student from the public school, the public agency informed the parents, through the notice requirements described in §504. A.1, of its intent to evaluate the student (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the student available for the evaluation; or

3. if, upon a judicial finding of unreasonableness with respect to actions taken by the parents.

E. Exception. Notwithstanding the notice requirement in Paragraph D.1 of this Section, the cost of reimbursement:

1. shall not be reduced or denied for failure to provide the notice if:

a. the school prevented the parents from providing the notice;

b. the parents had not received notice, pursuant to §505, of the notice requirement in Paragraph D.1 of this Section; or

c. compliance with Paragraph D.1 of this Section would likely result in physical harm to the student; and

2. may, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if:

a. the parents are not literate or cannot write in English; or

b. compliance with Paragraph D.1 of this Section would likely result in serious emotional harm to the student.

La. Admin. Code tit. 28, § XLIII-148

Promulgated by the Board of Elementary and Secondary Education, LR 34:2045 (October 2008).

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