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D.Students with Disabilities in Adult Prison

1.Requirements That Do Not Apply. The following requirements do not apply to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons:
a.the requirements contained in Section 612(a)(16) of the IDEA and §320.A.6 (relating to participation of students with disabilities in general assessments;
b.the requirements in §320.B (relating to transition planning and transition services) do not apply with respect to the students whose eligibility under Part B of the IDEA will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.
2.Modifications of IEP or Placement
a.Subject to Subparagraph D.2.b of this Section, the IEP Team of a student with a disability who is convicted as an adult under state law and incarcerated in an adult prison may modify the student's IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
b.The requirements of §320 (relating to IEPs), and §114 (relating to LRE), do not apply with respect to the modifications described in Subparagraph D.2.a of this Section.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2064 (October 2008).

§325.Private School Placements by Public Agencies

A.Developing IEPs

1.Before a public agency places a student with a disability in, or refers a student to, a private school or facility, the agency shall initiate and conduct a meeting to develop an IEP for the student in accordance with §§320 and 324.
2.The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.

B.Reviewing and Revising IEPs

1.After a student with a disability enters a private school or facility, any meetings to review and revise the student’s IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.
2.If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative:
a.are involved in any decision about the student's IEP; and
b.agree to any proposed changes in the IEP before those changes are implemented.

C.Responsibility. Even if a private school or facility implements a student's IEP, responsibility for compliance with these regulations remains with the public agency and 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 34:2065 (October 2008).

§326.Reserved.

§327.Educational Placements

A.Consistent with §502.C, each public agency shall ensure that the parents of each student with a disability are members of any group that makes decisions on the educational placement of their child.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2065 (October 2008).

§328.Alternative Means of Meeting Participation

A.When conducting IEP Team meetings and placement meetings pursuant to Chapters 3 and 5 of these regulations, and carrying out administrative matters under Section 615 of the IDEA (such as scheduling, exchange of witness lists, and status conferences), the parent of a student with a disability and a public agency may agree to use alternative means of meeting participation, such as videoconferences and conference 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 34:2065 (October 2008).

Chapter 4.Special School District (SSD) and BESE Special Schools (BSS)

Subchapter A.Special School District

§401.Special School District (SSD)

A.BESE is the governing authority of the Special School District (SSD). The state superintendent shall administer SSD, an educational service agency within the department, pursuant to R.S. 17:1951.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2065 (October 2008).

§402.Provision of Services

A.Special education services provided by SSD to students with disabilities shall be provided in compliance with these regulations. Provision of services to other students (gifted or talented or regular education) is not governed by 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 34:2065 (October 2008).

§403.Facility

A.For the purpose of this Chapter, facility shall refer to the agency or site that houses an SSD program. Facility does not include SSD, which does not operate any facilities but provides educational services to residents or clients at facilities operated by other agencies.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2065 (October 2008).

§404.Purpose and Jurisdiction

A.SSD shall be responsible for providing special education and related services to any student with disabilities who is enrolled in any state-operated facility as a resident of the facility and for providing appropriate educational services to any eligible student enrolled in any state-operated mental health facility as a resident of the facility, when the facility releases the student to SSD for educational purposes.

B.Individuals with disabilities over age 21 but not over age 24 shall be provided continued special education

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

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