La. Admin. Code tit. 28 § XLIII-502

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

Section XLIII-502 - Opportunity to Examine Records and Parent Participation in Meetings

A. Opportunity to Examine Records. The parents of a student with a disability shall be afforded, in accordance with procedures of §613 through 621, an opportunity to inspect and review all education records with respect to:

1. the identification, evaluation, and educational placement of the student; and

2. the provision of a free appropriate public education to the student.

B. Parent Participation in Meetings

1. The parents of a student with a disability shall be afforded an opportunity to participate in meetings with respect to:

a. the identification, evaluation, and educational placement of the student; and

b. the provision of a free appropriate public education to the student.

2. Each public agency shall provide notice consistent with §322. A.1 and B.1 to ensure that parents of a student with a disability have the opportunity to participate in meetings described in Paragraph B.1of this Section.

3. A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities in which public agency personnel engage to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

C. Parent Involvement in Placement Decisions

1. Each public agency shall ensure that a parent of each student with a disability is a member of any group that makes decisions on the educational placement of the parent's child.

2. In implementing the requirements of Paragraph C.1 of this Section, the public agency shall use procedures consistent with the procedures described in §322. A through B.1.

3. If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of his or her child, the public agency shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.

4. A placement decision may be made by a group without the involvement of a parent, if the public agency is unable to obtain the parent's participation in the decision. In this case, the public agency shall have a record of its attempt to ensure parental involvement.

La. Admin. Code tit. 28, § XLIII-502

Promulgated by the Board of Elementary and Secondary Education, LR 34:2068 (October 2008).

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