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A.Each LEA shall locate, identify, and evaluate all students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools, located in the school district served by the LEA, in accordance with Subsections B through E of this Section and §§112 and 202.

B.Child Find Design. The Child Find process shall be designed to ensure:

1.the equitable participation of parentally-placed private school students; and
2.an accurate count of those students.

C.Activities. In carrying out the requirements of this Section, the LEA shall undertake activities similar to the activities undertaken for the agency’s public school students.

D.Cost. The cost of carrying out the Child Find requirements in this Section, including individual evaluations, may not be considered in determining if an LEA has met its obligation under §133.

E.Completion Period. The Child Find process shall be completed in a time period comparable to that for students attending public schools in the LEA consistent with §302.

F.Out-of-State Students. Each LEA in which private, including religious, elementary schools and secondary schools are located shall, in carrying out the child find requirements in this section, include parentally-placed private school students who reside in a state other than the state in which the private schools that they attend are located.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2041 (October 2008).

§132.Provision of Services for Parentally-Placed Private School Students with Disabilities-Basic Requirements

A.General. To the extent consistent with the number and location of students with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in the school district served by the LEA, provision is made for the participation of those students in the program assisted or carried out under part B of the IDEA by providing them with special education and related services, including direct services determined in accordance with §137 unless the secretary has arranged for services to those students under the by-pass provision in 34 CFR §§300.190 through 300.198.

B.Services Plan for Parentally-Placed Private School Students with Disabilities. In accordance with Subsection A of this Section and §§137 through 139, a services plan shall be developed and implemented for each private school student with a disability who has been designated by the LEA in which the private school is located to receive special education and related services under these regulations.

C.Recordkeeping. Each LEA shall maintain in its records and provide to the LDE, the following information related to parentally-placed private school students covered under §§130 through 144:

1.the number of students evaluated;
2.the number of students determined to be students with disabilities; and
3.the number of students served.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2041 (October 2008).

§133.Expenditures

A.Formula. To meet the requirement of §132.A, each LEA shall spend the following on providing special education and related services (including direct services) to parentally-placed private school students with disabilities.

1.For students aged 3 through 21, an amount that is the same proportion of the LEA's total subgrant under Section 611(f) of the IDEA as the number of private school students with disabilities aged 3 through 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of students with disabilities in its jurisdiction aged 3 through 21.
2.a.For students aged three through five, an amount that is the same proportion of the LEA's total subgrant under Section 619(g) of the IDEA as the number of parentally-placed private school students with disabilities aged three through five who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA is to the total number of students with disabilities in its jurisdiction aged three through five.
b.As described in Subparagraph A.2.a of this Section, students with disabilities aged three through five are considered to be parentally-placed private school students with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in §905.
3.If an LEA has not expended for equitable services all of the funds described in Paragraphs A.1 and A.2 of this Section by the end of the fiscal year for which Congress appropriated the funds, the LEA shall obligate the remaining funds for special education and related services (including direct services) to parentally-placed private school students with disabilities during a carry-over period of one additional year.

B.Calculating Proportionate Amount. In calculating the proportionate amount of federal funds to be provided for parentally-placed private school students with disabilities, the LEA, after timely and meaningful consultation with representatives of private schools under §134, shall conduct a thorough and complete Child Find process to determine the number of parentally-placed private school students with disabilities attending private schools located in the LEA. (See Appendix B of the IDEA Part B Regulations for an example of how proportionate share is calculated.)

C.Annual Count of the Number of Parentally-Placed Private School Students with Disabilities

1.Each LEA shall:
a.after timely meaningful consultation with representatives of parentally-placed private school students with disabilities (consistent with §134), determine the number of parentally-placed private school students with disabilities attending private schools located in the LEA; and
b.ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
2.The count shall be used to determine the amount that the LEA shall spend on providing special education and

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

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