Louisiana Administrative Code
Title 28 - EDUCATION
Part LV - Bulletin 1891-Louisiana's IEP Handbook for Gifted/Talented Students
Chapter 5 - Initial IEP Development
Section LV-501 - Responsibilities

Universal Citation: LA Admin Code LV-501

Current through Register Vol. 50, No. 9, September 20, 2024

A. A student is initially determined to be exceptional through the individual evaluation process. The responsibility for making a formal commitment of resources to ensure a free, appropriate public education (FAPE) for a student identified as exceptional rests with the local education agency (LEA) in which the student resides. Note: Louisiana Revised Statute 17:1941 et seq., clearly indicates that while the local educational agency must locate and identify all students who meet the criteria for gifted/talented, the LEA is not responsible for providing FAPE to gifted/talented students whose parents have voluntarily enrolled the student in a private school.

B. The LEA is responsible for initiating the assurance of FAPE regardless of whether the system will:

1. provide all of the service directly or through interagency agreements;

2. place the student in another system or in a nonpublic facility; or

3. refer the student to another LEA for educational purposes.

C. The responsibility for offering FAPE is met through the process of developing an initial IEP. This process includes:

1. communication between the LEA and the parents;

2. IEP meeting(s) at which parents and school personnel make joint decisions and resolve any differences about the student's needs and services;

3. a completed IEP/placement document, which describes the decisions made during the meeting(s), including special education and related services that are to be provided;

4. a formal assurance by the LEA that the services described in the document will be provided;

5. parental consent for initial placement;

6. procedural safeguards for differences that cannot be resolved mutually; and

7. initial placement and provision of services as described in the IEP/placement.

D. The LEA is required to offer FAPE to those G/T students whose ages fall between 3 and 21 years.

1. The responsibility for providing services to a G/T student continues until:
a. the student receives a State diploma; or

b. the student reaches his or her twenty-second birthday. (If the twenty-second birthday occurs during the course of the regular school session, the student shall be allowed to remain in school for the remainder of the school year.

2. The LEA is not responsible for providing FAPE if, after carefully documenting that the agency has offered FAPE via an IEP, the parents choose to enroll the student voluntarily elsewhere or indicate their refusal of special educational services. Documentation of these parental decisions should be kept on file.

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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