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a.were not actually identified as being a student with a disability as defined in §905; and
b.did not have an IEP under Part B of the IDEA:
i.the exception in Subparagraph A.1.a of this Section does not apply to students with disabilities, aged 18-21, who:
(a).had been identified as a student with a disability as defined in §905 and had received services in accordance with an IEP, but who left school prior to their incarceration; or
(b).did not have an IEP in their last educational setting, but who had actually been identified as a student with a disability as defined in §905;
2.a.students with disabilities who have graduated from high school with a regular high school diploma:
b.the exception in Paragraph A.2 of this Section does not apply to students who have graduated from high school but have not been awarded a regular high school diploma;
c.graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with §504;
d.as used in Subparagraphs A.2.a through A.2.c of this Section, the term regular high school diploma does not include an alternative degree that is not fully aligned with the state's academic standards, such as a certificate or a general educational development credential (GED).

B.Documents Relating To Exceptions. The LDE shall assure that the information it has provided to the secretary regarding the exceptions in Subsection A of this Section, as required by §701 (for purposes of making grants to states under these regulations), is current and accurate.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2036 (October 2008).

Subchapter B.Other FAPE Requirements

§103.FAPE—Methods and Payments

A.The state of Louisiana may use whatever state, local, federal, and private sources of support are available in the state to meet the requirements of these regulations. If it is necessary to place a student with a disability in a residential facility, for example, the state could use joint agreements between the agencies involved for sharing the cost of that placement.

B.Nothing in these regulations relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a student with a disability.

C.Consistent with §323.C, the LDE ensures that there is no delay in implementing a student's IEP, including any case in which the payment source for providing or paying for special education and related services to the student is being determined.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2037 (October 2008).

§104.Residential Placement

A.If placement in a public or private residential program is necessary to provide special education and related services to a student with a disability, the program, including non-medical care and room and board, shall be at

no cost to the parents of the student.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2037 (October 2008).

§105.Assistive Technology

A.Each public agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §905, are made available to a student with a disability if required as a part of the student's:

1.special education under §905;
2.related services under §905; or
3.supplementary aids under §§905 and 114.A.2.b.

B.On a case-by-case basis, the use of school-purchased assistive technology devices in a student's home or in other settings is required if the student's IEP team determines that the student needs access to those devices in order to receive FAPE.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2037 (October 2008).

§106.Extended School Year Services

A.General

1.Each public agency shall ensure that extended school year (ESY) services are available as necessary to provide FAPE, consistent with Paragraph A.2 of this Section;
2.extended school year services shall be provided only if a student's IEP Team determines, on an individual basis, in accordance with §§320 through 324, that the services are necessary for the provision of FAPE to the student;
3.in implementing the requirements of this Section, a public agency may not:
a.limit ESY services to particular categories of disability; or
b.unilaterally limit the type, amount, or duration of those services; and
4.the IEP Team shall make its determination in accordance with the LDE's extended school year services eligibility criteria found in Bulletin 1530Louisiana's IEP Handbook.

B.Definition. As used in this Section, the term extended school year (ESY) service—special education and related services that:

1.are provided to a student with a disability:
a.beyond the normal school year of the public agency;
b.in accordance with the student's IEP;
c.at no cost to the parents of the student; and
2.meet the standards of the LDE.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2037 (October 2008).

§107.Nonacademic Services

A.The LDE shall ensure the following.

1.Each public agency shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the student's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students with

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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