La. Admin. Code tit. 28 § XLIII-1230

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

Section XLIII-1230 - LEA Jurisdiction

A. Each LEA shall identify, locate, and evaluate each student suspected of having an exceptionality as gifted or talented in visual arts, music or theatre 3 through 21 years of age, residing within its jurisdiction.

B. Each LEA is responsible for making available a free appropriate public education to each eligible student with an exceptionality, 3 through 21 years of age, who resides within its jurisdiction except those students enrolled by their parents in a private school program.

1. LEAs are not required to provide services to students whose parents choose not to enroll them in a program operated by the LEA.

2. Services do not have to be provided to gifted or talented students who have been suspended or expelled.

C. Students who are eligible to receive a free appropriate public education are described as follows.

1. LEAs shall make available a free appropriate public education to all gifted and talented students located in their jurisdictions from the age of three years, regardless of when the birthday occurs during the school year.

2. A student with an exceptionality shall remain eligible for services until reaching age 22 unless the student has graduated from high school with a regular high school diploma. A student with an exceptionality whose twenty-second birthday occurs during the course of the regular school year (as defined by the LEA) may be allowed to remain in school for the remainder of the school year.

D. Jurisdiction is the right and obligation of an LEA to exercise authority over all students residing within its geographic area and over each student placed by the LEA in an educational program within the geographic area of another LEA.

1. For city/parish school systems, the geographic area is the boundary of the school district as defined in the Louisiana Revised Statutes.

2. For SSD, the geographic area is the boundary of the state-operated treatment and care residential facilities.

3. For a state board special school, the geographic area is the boundary of the educational facility.

4. For a charter school that is considered an LEA, the geographic area is the boundary of the educational facility.

5. If an LEA places a student in another LEA or an approved private school, the student so placed remains within the jurisdiction of the placing LEA. The responsibility for a FAPE remains with the placing LEA.

a. All students sent to a board special school by another LEA are considered "placed" by the sending LEA.

La. Admin. Code tit. 28, § XLIII-1230

Promulgated by the Board of Elementary and Secondary Education, LR 36:2016 (September 2010).

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