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A.General. These regulations do not require an LEA to pay for the cost of the education, including special education and related services, of a student with a disability at a private school or facility if that agency made a FAPE available to the student, and the parents elected to place the student in a private school or facility. However, the public agency shall include that student in the population whose needs are addressed consistent with §§131 through 144.

B.Disagreements about FAPE. Disagreements between the parents and a public agency regarding the availability of a program appropriate for the student, and the question of financial reimbursement, are subject to the due process procedures in §§505 through 520.

C.Reimbursement for Private School Placement. If the parents of a student with a disability, who previously received special education and related services under the authority of a public agency, enroll the student in a private preschool, elementary school, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made FAPE available to the student in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if the placement does not meet the state standards that apply to education provided by the LEAs and the LDE.

D.Limitation on Reimbursement. The cost of reimbursement described in Subsection C of this Section may be reduced or denied:

1.if:
a.at the most recent IEP Team meeting that the parents attended prior to removal of the student from the public agency, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide FAPE to the student, including stating their concerns and their intent to enroll their child in a private school at public expense; or
b.at least 10 business days (including any holidays that occur on a business day) prior to the removal of the student from the public school, the parents did not give written notice to the public agency of the information described in Subparagraph D.1.a of this Section;
2.if, prior to the parents' removal of the student from the public school, the public agency informed the parents, through the notice requirements described in §504.A.1, of its intent to evaluate the student (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the student available for the evaluation; or
3.if, upon a judicial finding of unreasonableness with respect to actions taken by the parents.

E.Exception. Notwithstanding the notice requirement in Paragraph D.1 of this Section, the cost of reimbursement:

1.shall not be reduced or denied for failure to provide the notice if:
a.the school prevented the parents from providing the notice;
b.the parents had not received notice, pursuant to §505, of the notice requirement in Paragraph D.1 of this Section; or
c.compliance with Paragraph D.1 of this Section would likely result in physical harm to the student; and
2.may, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if:
a.the parents are not literate or cannot write in English; or
b.compliance with Paragraph D.1 of this Section would likely result in serious emotional harm to the student.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2045 (October 2008).

Subchapter I.LDE Responsibilities for General Supervision and Implementation of Procedural Safeguards

§149.LDE Responsibility for General Supervision

A.The LDE shall ensure:

1.that all requirements under these regulations are carried out; and
2.that each educational program for students with disabilities administered within the state, including each program administered by any other state or local agency (but not including elementary schools and secondary schools for Indian students operated or funded by the Secretary of the Interior):
a.is under the general supervision of the persons responsible for educational programs for students with disabilities in the state; and
b.meets the educational standards of the LDE (including the requirements of these regulations);
3.in carrying out these regulations with respect to homeless children, the requirements of Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) are met.

B.The LDE adopts written procedures in Bulletin 1922Compliance Monitoring Procedures, as well as the provisions of §601, to ensure that it complies with the monitoring and enforcement requirements in §§601 through 606.

C.Part B of the IDEA does not limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to students with disabilities in the state.

D.Notwithstanding Subsection A of this Section, the governor (or another individual pursuant to state law) may assign to any public agency in the state the responsibility of ensuring that the requirements of Part B of the IDEA are met with respect to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2045 (October 2008).

§150.LDE Implementation of Procedural Safeguards

A.The LDE (and any agency assigned responsibility pursuant to §149.D) shall have in effect procedures to inform each public agency of its responsibility for ensuring effective implementation of procedural safeguards for the students with disabilities served by that public agency.

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

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

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