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related services to parentally-placed private school students with disabilities in the next subsequent fiscal year.

D.Supplement, Not Supplant. State and local funds may supplement and in no case supplant the proportionate amount of federal funds required to be expended for parentally-placed private school students with disabilities under 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 34:2041 (October 2008).

§134.Consultation

A.To ensure timely and meaningful consultation, an LEA, or, if appropriate, the LDE, shall consult with private school representatives and representatives of parents of parentally-placed private school students with disabilities during the design and development of special education and related services for the students regarding the following.

1.Child Find. The Child Find process, including:
a.how parentally-placed private school students suspected of having a disability can participate equitably; and
b.how parents, teachers, and private school officials will be informed of the process.
2.Proportionate Share of Funds. The determination of the proportionate share of federal funds available to serve parentally-placed private school students with disabilities under §133.B, including the determination of how the proportionate share of those funds was calculated.
3.Consultation Process. The consultation process among the LEA, private school officials, and representatives of parents of parentally-placed private school students with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed students with disabilities identified through the child find process can meaningfully participate in special education and related services.
4.Provision of Special Education and Related Services. How, where, and by whom special education and related services will be provided for parentally-placed private school students with disabilities, including a discussion of:
a.the types of services, including direct services and alternate service delivery mechanisms; and
b.how special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school students; and
c.how and when those decisions will be made.
5.Written Explanation by LEA Regarding Services. How, if the LEA disagrees with the views of the private school officials on the provision of services or the type of services (whether provided directly or through a contract), the LEA will provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2042 (October 2008).

§135.Written Affirmation

A.When timely and meaningful consultation, as required by §134, has occurred, the LEA shall obtain a written affirmation signed by the representatives of

participating private schools.

B.If the representatives do not provide the affirmation within a reasonable period of time, the LEA shall forward the documentation of the consultation process to 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 34:2042 (October 2008).

§136.Compliance

A.General. A private school official has the right to submit a complaint to the LDE that the LEA:

1.did not engage in consultation that was meaningful and timely; or
2.did not give due consideration to the views of the private school officials.

B.Procedure:

1.if the private school official wishes to submit a complaint, the official shall provide to the LDE the basis of the noncompliance by the LEA with the applicable private school provisions in these regulations; and
2.the LEA shall forward the appropriate documentation to the LDE;
3.a.if the private school official is dissatisfied with the decision of the LDE, the official may submit a complaint to the secretary by providing the information on noncompliance described in Paragraph B.1 of this Section; and
b.the LDE shall forward the appropriate documentation to the secretary.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2042 (October 2008).

§137.Equitable Services Determined

A.No Individual Right to Special Education and Related Services. No parentally-placed private school student with a disability has an individual right to receive some or all of the special education and related services that the student would receive if enrolled in a public school.

B.Decisions

1.Decisions about the services that will be provided to parentally-placed private school students with disabilities under §§130 through 144 shall be made in accordance with Subsection C of this Section and §134.A.3.
2.The LEA shall make the final decisions with respect to the services to be provided to eligible parentally-placed private school students with disabilities.

C.Services Plan for Each Student Served under §§130 through 144. If a student with a disability is enrolled in a religious or other private school by the student's parents and will receive special education or related services from an LEA, the LEA shall:

1.initiate and conduct meetings to develop, review and revise a services plan for the student in accordance with §138; and
2.ensure that a representative of the religious or other private school attends each meeting. If the representative

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

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