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services when data indicate that the individual with a disability is able to continue to benefit from a program of instruction specifically designed to provide for different learning styles of individuals with disabilities.

C.SSD may enter into interagency agreements with other state agencies to provide appropriate educational services, including special education and related services, to any eligible student who is not a resident of a state-operated facility but who is in the care or custody of a public or private department, agency, or institution.

D.SSD may enter into interagency agreements with other State agencies to provide appropriate educational services to any eligible individual regardless of age who is enrolled in any state-operated facility as a resident of the facility.

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).

§405.Transition/Day Programs

A.SSD may enter into interagency agreements with other State agencies which operate transition programs or day programs to provide appropriate educational services to students. This includes private providers of alternative educational services, as described in R.S. 17:100.1, in both residential and transition/day programs.

1.Transition/day programs shall contain the following elements:
a.all transition/day programs shall be established by the facility in a detailed, written plan approved by the state director;
b.students in a transition/day program who attend school in their regular LEA may not be placed in the SSD educational program for brief periods of time such as holidays and other periods during which the student's regular LEA is closed; exceptions may be made for unique circumstances on a case-by-case basis with prior written consent of the SSD state director;
c.the facility shall provide the necessary supports, including crisis management and health-related services, to SSD students who are in the transition/day program; and
d.only students who are also receiving other services from the facility may enroll in an SSD program at the facility; educational services may not be the only service the student receives in the transition/day program.

B.The provision of educational services to students in a transition or day program is subject to adequate SSD funding availability. If funds are unavailable to SSD, the student's LEA of current residence assumes jurisdiction for the student and is responsible for providing FAPE.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2066 (October 2008).

§406.Emergency and Respite Care Program

A.The admission of a student by the state of Louisiana into a state-operated facility for a temporary program of respite care shall not automatically require enrollment in SSD for the purpose of these regulations. The admission of a student on an emergency basis shall not constitute enrollment in SSD; however, if such admission continues after a decision has been made by the legally constituted agency or by a court of the state of Louisiana to place the

student in a state-operated residential facility on a non-emergency basis, the student shall be enrolled in SSD in accordance with 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 34:2066 (October 2008).

§407.Reserved.

§408.Financing

A.SSD shall retain full financial responsibility for all education programs administered by SSD.

B.The entity housing an SSD program is responsible for providing all transportation services, including those contained in a student's IEP, and daily living supplies such as basic cleaning supplies; personal hygiene supplies; meals and meal supplies, including but not limited to utensils, cups, and plates; and medical and health related supplies.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2066 (October 2008).

§409.Reserved.

§410.Students with Disabilities in Adult Prisons

A.The following requirements shall not apply to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons:

1.the requirements relating to participation of students with disabilities in general assessments; and
2.the requirements relating to transition planning and transition services, with respect to students whose eligibility will end, because of their age, before they will be released from prison.

B.If a student with a disability is convicted as an adult under state law and incarcerated in an adult prison, the student's IEP Team may modify the student's IEP or placement notwithstanding the requirements for least restrictive environment if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2066 (October 2008).

§411.-449.Reserved.

Subchapter B.BESE Special Schools

§450.BESE Special Schools (BSS)

A.BESE is the governing authority of the BESE Special Schools (BSS). The State Superintendent shall supervise and oversee the administration of the BESE Special Schools. The BESE Special Schools are Louisiana School for the Deaf (LSD), Louisiana School for the Visually Impaired (LSVI), and Louisiana Special Education Center (LSEC). These are State-operated schools providing educational programs and services for residential and/or day students.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2066 (October 2008).

§451.-452.Reserved.

§460.Purpose and Jurisdiction

A.BESE special schools are designated to provide FAPE for students who have been evaluated and classified as having low-incidence impairments, including but not limited to hearing impairments, visual impairments, or

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

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