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§142.Use of Personnel

A.Use of Public School Personnel. An LEA may use funds available under §§611 and 619 of the IDEA to make public school personnel available in other than public facilities:

1.to the extent necessary to provide services under §§130 through 144 for parentally-placed private school students with disabilities; and
2.if those services are not normally provided by the private school.

B.Use of Private School Personnel. An LEA may use funds available under §§611 and 619 of the IDEA to pay for the services of an employee of a private school to provide services under §§130 through 144 if:

1.the employee performs the services outside of his or her regular hours of duty; and
2.the employee performs the services under public supervision and control.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2044 (October 2008).

§143.Separate Class Prohibited

A.An LEA may not use funds available under §§611 or 619 of the IDEA for classes that are organized separately on the basis of school enrollment or religion of the students if:

1.the classes are at the same site; and
2.the classes include students enrolled in public schools and students enrolled in private schools.

A§UTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2044 (October 2008).

§144.Property, Equipment, and Supplies

A.A public agency shall control and administer the funds used to provide special education and related services under §§137 through 139, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the IDEA.

B.The public agency may place equipment and supplies in a private school for the period of time needed for the IDEA part B program.

C.The public agency shall ensure that the equipment and supplies placed in a private school:

1.are used only for part B purposes; and
2.can be removed from the private school without remodeling the private school facility.

D.The public agency shall remove equipment and supplies from a private school if:

1.the equipment and supplies are no longer needed for IDEA part B purposes; or
2.removal is necessary to avoid unauthorized use of the equipment and supplies for other than IDEA part B purposes.

E.No funds under Part B of the IDEA may be used for repairs, minor remodeling, or construction of private school facilities.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2044 (October 2008).

Subchapter G.Students with Disabilities in Private Schools Placed or Referred by Public Agencies

§145.Applicability of §§146 through 147

A.Sections 146 through 147 apply only to students with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2044 (October 2008).

§146.Responsibility of the LDE

A.The LDE shall ensure that a student with a disability who is placed in or referred to a private school or facility by a public agency:

1.is provided special education and related services:
a.in conformance with an IEP that meets the requirements of §§320 through 325; and
b.at no cost to the parents;
2.is provided an education that meets the standards that apply to education provided by the LDE and LEAs including the requirements of these regulations, except for requirements contained in the definition of highly qualified special education teachers in §905 and §156.C; and
3.has all of the rights of a student with a disability who is served by a public agency.

B.When it is necessary to provide special education and related services in programs other than public schools, these placements must not occur until it has been determined by the LDE that the student cannot be appropriately educated by another public agency of the state. After determination has been made that neither the public schools nor another public agency of the state can adequately provide special education and related services, then private programs within the state may be considered. If these programs are still inadequate to meet the educational needs of the student, then out-of-state private programs may be approved.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2044 (October 2008).

§147.Implementation by the LDE

A.In implementing §146, the LDE shall:

1.monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;
2.disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a student with a disability; and
3.provide an opportunity for those private schools and facilities to participate in the development and revision of State standards that apply to them.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2044 (October 2008).

Subchapter H.Students with Disabilities Enrolled by their Parents in Private Schools when FAPE is an Issue

§148.Placement of Students by Parents when FAPE is at Issue

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

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