Statutes, codes, and regulations
Louisiana Administrative Code
Title 28 - EDUCATIONPart XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities ActSubpart 1 - Students with DisabilitiesChapter 5 - Procedural Safeguards
Subchapter B - Discipline Procedures for Students with Disabilities
Section XLIII-534 - Protections for Student not Determined Eligible for Special Education and Related Services

La. Admin. Code tit. 28 § XLIII-534

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Current through Register Vol. 50, No. 4, April 20, 2024
Section XLIII-534 - Protections for Student not Determined Eligible for Special Education and Related Services
A. General. A student who has not been determined to be eligible for special education and related services under these regulations and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in these regulations if the public agency had knowledge (as determined in accordance with Subsection B of this Section) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.
B. Basis of Knowledge. A public agency shall be deemed to have knowledge that a student is a student with a disability if before the behavior that precipitated the disciplinary action occurred:
1. the parent of the student expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the student, that the student is in need of special education and related services;
2. the parent of the student requested an evaluation of the student pursuant to §301 through 312; or
3. the teacher of the student, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director of special education of the agency or to other supervisory personnel of the agency.
C. Exception. A public agency would not be deemed to have knowledge under Subsection B of this Section if:
1. the parent of the student:
a. has not allowed an evaluation of the student pursuant to §301 through 312; or
b. has refused services under the IDEA; or
2. the student has been evaluated in accordance with §301 and determined to not be a student with a disability under the IDEA.
D. Conditions that Apply if no Basis of Knowledge
1. If a public agency does not have knowledge that a student is a student with a disability (in accordance with Subsections B and C of this Section) prior to taking disciplinary measures against the student, the student may be subjected to the disciplinary measures applied to students without disabilities who engage in comparable behaviors consistent with Paragraph D.2 of this Section.
2.
a. If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures under §530, the evaluation shall be conducted in an expedited manner.
b. Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
c. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with the IDEA, including the requirements of §530 and section 612(a)(1)(A) of the IDEA.

La. Admin. Code tit. 28, § XLIII-534

Promulgated by the Board of Elementary and Secondary Education, LR 34:2078 (October 2008).
AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.