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cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

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).

§138.Equitable Services Provided

A.General

1.The services provided to parentally-placed private school students with disabilities shall be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school students with disabilities do not have to meet the highly qualified special education teacher requirements contained in the definition of highly qualified special education teachers in §905.
2.Parentally-placed private school students with disabilities may receive a different amount of services than students with disabilities in public schools.

B.Services Provided in Accordance with a Services Plan

1.Each parentally-placed private school student with a disability who has been designated to receive services under §132 shall have a services plan that describes the specific special education and related services that the LEA will provide to the student in light of the services that the LEA has determined, through the process described in §§134 and 137, it will make available to parentally-placed private school students with disabilities.
2.The services plan shall, to the extent appropriate:
a.meet the requirements at §320, or for a child ages three through five, meet the requirements of §323.B with respect to the services provided; and
b.be developed, reviewed, and revised consistent with §§321 through 324.

C.Provision of Equitable Services

1.The provision of services pursuant to this Section and §§139 through 143 shall be provided:
a.by employees of a public agency; or
b.through contract by the public agency with an individual, association, agency, organization, or other entity.
2.Special education and related services provided to parentally-placed private school students with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2043 (October 2008).

§139.Location of Services and Transportation

A.Services on Private School Premises. Services to parentally-placed private school students with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law.

B.Transportation

1.General
a.If necessary for the student to benefit from or participate in the services provided under these regulations, a parentally-placed private school student with a disability shall be provided transportation:
i.from the student’s school or the student’s home to a site other than the private school; and
ii.from the service site to the private school, or to the student's home, depending on the timing of the services.
b.LEAs are not required to provide transportation from the student’s home to the private school.
2.Cost of Transportation. The cost of the transportation described in Subparagraph B.1.a of this Section may be included in calculating whether the LEA has met the requirements of §133.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2043 (October 2008).

§140.Requests for Due Process Hearings and State Complaints

A.Due Process not Applicable, Except for Child Find

1.Except as provided in Subsection B of this Section, the procedures in §505 through 519 do not apply to requests for due process hearings alleging that an LEA has failed to meet the requirements of §§132 through 139, including the provision of services indicated on the student's services plan.

B.Child Find complaints—to be filed with the LEA in which the private school is located.

1.The procedures in §505 through 519 apply to requests for due process hearings alleging that an LEA has failed to meet the Child Find requirements, in §131, including the requirements in §§301 through 308.
2.Any request for due process hearing regarding the child find requirements (as described in Paragraph B.1 of this Section) shall be filed with the LEA in which the private school is located and a copy shall be forwarded to the LDE.

C.State Complaints

1.Any complaint that the LDE or LEA has failed to meet the requirements in §§132 through 135 and 137 through 144 shall be filed in accordance with the procedures described in §§151 through 153.
2.A complaint filed by a private school official under §136.A shall be filed with the LDE in accordance with the procedures in §136.B.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2043 (October 2008).

§141.Requirement that Funds Not Benefit a Private School

A.The LEA may not use funds provided under §611 or §619 of the IDEA to finance the existing level of instruction in a private school or to otherwise benefit the private school.

B.The LEA shall use funds provided under Part B of the IDEA to meet the special education and related services needs of parentally-placed private school students with disabilities, but not for meeting:

1.the needs of a private school; or
2.the general needs of the students enrolled in the private school.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2043 (October 2008).

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

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