B.Information Provided to Parents
1.The notice required under Paragraph A.1 of this Section shall:
a.indicate the purpose, time, and location of the meeting and who will be in attendance; and
b.inform the parents of the provisions in §321.A.6 and C (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the student), and §321F (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a student previously served under Part C of the IDEA).
2.For a student with a disability beginning not later than the first IEP to be in effect when the student turns 16, or younger if determined to be appropriate by the IEP Team, the notice also shall:
i.that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the student, in accordance with §320.B; and
ii.that the agency will invite the student; and
b.identify any other agency that will be invited to send a representative.
C.Other Methods to Ensure Parent Participation. If neither parent can attend an IEP Team meeting, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §328 (related to alternative means of meeting participation).
D.Conducting an IEP Team Meeting without a Parent in Attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency shall keep a record of its attempts to arrange a mutually agreed upon time and place, such as:
1.detailed records of telephone calls made or attempted and the results of those calls;
2.copies of correspondence sent to the parents and any responses received; and
3.detailed records of visits made to the parent's home or place of employment and the results of those visits.
E.Use of Interpreters or Other Action, as Appropriate. The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
F.Parent Copy of Student's IEP. The public agency shall give the parent a copy of the student's IEP at no cost to the parent.
AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.
HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2062 (October 2008).
§323.When IEPs Shall Be in Effect
A.General. At the beginning of each school year, each public agency shall have in effect, for each student with a disability within its jurisdiction, an IEP, as defined in §320.
B.IEPs for Students Aged 3 through 5
1.In the case of student with a disability aged 3 through 5, the IEP Team shall consider an individualized family service plan (IFSP), if the student was served under Part C of the IDEA.
C.Initial IEPs; Provision of Services. Each public agency shall ensure that:
1.a meeting to develop an IEP for a student is conducted within 30 days of a determination that the student needs special education and related services; and
2.as soon as possible but no later than 10 school days following the development of the IEP, special education and related services are made available to the student in accordance with the student’s IEP.
D.Accessibility of Student's IEP to Teachers and Others. Each public agency shall ensure that:
1.the student's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation;
2.each teacher and service provider described in Paragraph D.1 of this Section shall be informed of:
a.his or her specific responsibilities related to implementing the student's IEP; and
b.the specific accommodations, modifications, and supports that shall be provided for the student in accordance with the IEP.
E.IEPs for Students who Transfer Public Agencies in the Same State. If a student with a disability (who had an IEP that was in effect in a previous public agency within Louisiana) transfers to a new public agency within Louisiana, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) shall provide FAPE to the student (including services comparable to those described in the student's IEP from the previous public agency), until the new public agency either:
1.adopts the student's IEP from the previous public agency; or
2.develops, adopts, and implements a new IEP that meets the applicable requirements in §§320 through 324.
F.IEPs for Students who Transfer from Another State. If a student with a disability (who had an IEP that was in effect in a previous public agency in another state) transfers to a public agency in Louisiana, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) shall provide the student with FAPE (including services comparable to those described in the student's IEP from the previous public agency), until the new public agency:
1.conducts an evaluation pursuant to §§305 through 307 (if determined to be necessary by the new public agency); and
2.develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§320 through 324.
G.Transmittal of Records. To facilitate the transition for a student described in Subsections E and F of this Section:
1.the new public agency in which the student enrolls shall take reasonable steps to promptly obtain the student's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous public agency in which the student was enrolled, pursuant to 34 CFR 99.31(a)(2); and
Louisiana Register Vol. 34, No. 10 October 20, 2008