La. Admin. Code tit. 28 § XLIII-505

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-505 - Procedural Safeguards Notice

A. General. A copy of the procedural safeguards entitled Louisiana's Educational Rights of Children with Disabilities shall be given to the parents of a student with a disability only one time a school year, except that a copy also shall be given to the parents:

1. upon initial referral or parent request for evaluation;

2. upon receipt of the first state complaint under §151 and upon receipt of the first request for due process hearing under §507 in a school year;

3. in accordance with the discipline procedures in §530 H; and

4. upon request by a parent.

B. Internet Website. A public agency may place a current copy of the procedural safeguards notice on its Internet website if a website exists.

C. Contents. The procedural safeguards notice shall include a full explanation of all procedural safeguards available under §148, §151 through 153, §301, §503 through 518, §520, §530 and §611 relating to:

1. independent educational evaluations;

2. prior written notice;

3. parental consent;

4. access to education records;

5. opportunity to present and resolve complaints through the due process complaint and state complaint procedures, including:

a. the time period in which to file a complaint;

b. the opportunity for the agency to resolve the complaint; and

c. the difference between the due process complaint and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

6. the availability of mediation;

7. the student's placement during the pendency of any due process complaint;

8. procedures for students who are subject to placement in an interim alternative educational setting;

9. requirements for unilateral placement by parents of students in private schools at public expense;

10. hearings on due process hearing requests, including requirements for disclosure of evaluation results and recommendations;

11. civil actions, including the time period in which to file those actions; and

12. attorneys' fees.

D. Notice in Understandable Language. The notice required under Paragraph A of this Section shall meet the requirements of §504. C

E. Electronic Mail. A parent of a student with a disability may elect to receive notices required by §§504, 505, and 508 by an electronic mail communication, if the public agency makes that option available.

La. Admin. Code tit. 28, § XLIII-505

Promulgated by the Board of Elementary and Secondary Education, LR 34:2070 (October 2008).

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