Louisiana Administrative Code
Title 28 - EDUCATION
Part CI - Bulletin 1508-Pupil Appraisal Handbook
Chapter 1 - LEA Responsibilities
Section CI-109 - Parental Participation
Universal Citation: LA Admin Code CI-109
Current through Register Vol. 50, No. 3, March 20, 2024
A. Participation by parents is crucial in all meetings in which decisions are being made regarding their child. Parents must be informed about the process used to assess their child's response to scientifically research-based interventions, appropriate strategies for improved achievement and the right to request an evaluation. Parents must be notified early enough to ensure the opportunity to participate in the meetings and discussions listed below. See Bulletin 1706 §322 for additional participation procedures:
1. school building level committee meetings
when decisions are made regarding their child;
2. the evaluation team meeting to consider
the results of the data and determine eligibility:
a. at the conclusion of the evaluation
meeting where eligibility is determined, if the parents disagree with the
consensus of the team, the LEA must afford the parents the right to challenge
the evaluation report in accordance with procedural safeguards;
3. the initial individual
education program (IEP) Team meeting to review evaluation results and determine
special education and related services in the least restrictive
environment;
4. the IEP Team
meeting to discuss new concerns and to determine if a reevaluation is
needed;
5. in the case of a
reevaluation, to discuss the review of existing evaluation data to determine
whether the student continues to have an exceptionality, and continues to need
special education and related services.
B. Parental Consent for Initial Evaluations
1. The LEA proposing to conduct an initial
evaluation to determine if a student qualifies as a student with an
exceptionality shall, after providing notice as described in Chapter 5 of
Bulletin 1706, obtain informed consent from the parent of the student before
conducting the evaluation. Parents must be given a copy of their rights at the
time of the request for parental consent.
a.
Parental consent for initial evaluation shall not be construed as consent for
initial provision of special education and related services.
b. The LEA shall make reasonable efforts to
obtain the informed consent from the parent for an initial evaluation to
determine whether the student is a student with an exceptionality.
2. For initial evaluations only,
if the student is a ward of the state and is not residing with the student's
parent, the LEA is not required to obtain informed consent from the parent for
an initial evaluation to determine whether the student is a student with an
exceptionality if:
a. despite reasonable
efforts to do so, the LEA cannot discover the whereabouts of the parent of the
student;
b. the rights of the
parents of the student have been terminated in accordance with state law;
or
c. the rights of the parent to
make educational decisions have been subrogated by a judge in accordance with
state law and consent for an initial evaluation has been given by an individual
appointed by the judge to represent the student.
3. If the parent of a student enrolled in a
public school or seeking to be enrolled in a public school does not provide
consent for initial evaluation under Paragraph B.1 of this Section, or the
parent fails to respond to a request to provide consent, the LEA may, but is
not required to, pursue the initial evaluation of the student by utilizing the
procedural safeguards in Chapter 5 of Bulletin 1706 (including the mediation
procedures or due process procedures), if appropriate.
a. The LEA does not violate its obligation
under §111 and §302-308 of Bulletin 1706 if it declines to pursue the
evaluation.
C. Parental Consent for Reevaluations
1. The LEA shall obtain informed parental
consent prior to conducting any reevaluation of a student with an
exceptionality.
2. If the parent
refuses to consent to the reevaluation, the LEA may, but is not required to,
pursue the reevaluation by using the consent override procedures described in
Paragraph B.3 of this Section.
3. The LEA does not violate its obligation
under §111 and §302-308 of Bulletin 1706 if it declines to pursue the
reevaluation.
4. The informed
parental consent described in Paragraph C.1 of this Section need not be
obtained if the LEA can demonstrate that:
a.
it made reasonable efforts to obtain such consent, and
b. the student's parent has failed to
respond.
D. Other Consent Requirements for Evaluations and Reevaluations
1. Parental consent is not required before:
a. reviewing existing data as part of an
evaluation or a reevaluation; or
b.
administering a test or other evaluation that is administered to all students
unless, before administration of that test or evaluation, consent is required
of parents of all students.
2. If a parent of a student who is home
schooled (in a home study program) or placed in a private school by the parents
at their own expense does not provide consent for the initial evaluation or the
reevaluation, or the parent fails to respond to the request to provide consent,
the LEA may not use the consent override procedures described in Paragraphs B.3
and C.2 of this Section:
a. the LEA is not
required to consider the student eligible for services as defined in Bulletin
1706.
3. To meet the
reasonable efforts requirement in Subparagraphs B.1.b, B.2.a, and C.4.a of this
Section, the public agency shall document its attempts to obtain parental
consent using the procedures in §322. D of Bulletin 1706.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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