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disabled students in the extracurricular services and activities to the maximum extent appropriate to the needs of that student. The public agency shall ensure that each student with a disability has the supplementary aids and services determined by the student's IEP Team to be appropriate and necessary for the student to participate in nonacademic settings.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2039 (October 2008).

§118.Students in Public or Private Institutions

A.Except as provided in §149.D (regarding agency responsibility for general supervision for some individuals in adult prisons), the LDE shall ensure that §114 is effectively implemented, including, if necessary, making arrangements with public and private institutions (such as a memorandum of agreement or special implementation procedures).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

§119.Technical Assistance and Training Activities

A.The LDE shall carry out activities to ensure that teachers and administrators in all public agencies:

1.are fully informed about their responsibilities for implementing §114; and
2.are provided with technical assistance and training necessary to assist them in this effort.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

§120.Monitoring Activities

A.The LDE shall carry out activities to ensure that §114 is implemented by each public agency.

B.If there is evidence that a public agency makes placements that are inconsistent with §114, the LDE shall:

1.review the public agency’s justification for its actions; and
2.assist in planning and implementing any necessary corrective action.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

Subchapter D.Additional Eligibility Requirements

§121.Procedural Safeguards

A.General. The LDE shall have procedural safeguards in effect to ensure that each public agency in the state meets the requirements of §§500 through 536.

B.Procedural Safeguards Identified. Students with disabilities and their parents shall be afforded the procedural safeguards identified in Subsection A of this Section.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

§122.Evaluation

A.Students with disabilities shall be evaluated in accordance with §§301 through 308 of these regulations.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

§123.Confidentiality of Personally Identifiable Information

A.The LDE shall have policies and procedures in effect to ensure that public agencies in the state comply with §§611 through 626 related to protecting the confidentiality of any personally identifiable information collected, used, or maintained under part B of the IDEA.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

§124.Transition of Children from the Part C Program to Preschool Programs

A.The state shall have in effect policies and procedures to ensure that:

1.children participating in early intervention programs assisted under Part C of the IDEA, and who will participate in preschool programs assisted under Part B of the IDEA, experience a smooth and effective transition to those preschool programs in a manner consistent with Section 637(a)(9) of the IDEA;
2.by the third birthday of a child described in Paragraph 1 of this Section, an IEP has been developed and is being implemented for the child consistent with §101.B; and
3.each affected LEA will participate in transition planning conferences arranged by the designated lead agency under Section 635(a)(10) of the IDEA.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

§§125-128.Reserved.

Subchapter E.Students in Private Schools

§129.State Responsibility regarding Students in Private Schools

A.The state shall have in effect policies and procedures that ensure that LEAs, and, if applicable, the LDE, meet the private school requirements in §§130 through 148.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

Subchapter F.Students with Disabilities Enrolled by their Parents in Private Schools

§130.Definition of Parentally-Placed Private School Students with Disabilities

A.Parentally-Placed Private School Students with Disabilities—students with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary or secondary school as defined in §905, other than students with disabilities covered under §§145 through 147.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2040 (October 2008).

§131.Child Find for Parentally-Placed Private School Students with Disabilities

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

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