Louisiana Administrative Code
Title 28 - EDUCATION
Part XCVII - Bulletin 1530-Louisiana's IEP Handbook for Students with Exceptionalities
Chapter 1 - Individualized Education Program (IEP)
Section XCVII-105 - Timelines
Universal Citation: LA Admin Code XCVII-105
Current through Register Vol. 50, No. 9, September 20, 2024
A. An initial evaluation is considered "completed" when the written report has been disseminated by the pupil appraisal staff to the administrator of special education programs. A LEA has a maximum of 30 calendar days to complete the IEP/placement document for an eligible student. During this time, two activities shall take place and be documented.
1. Written Notice. Written notice that the
LEA proposes to provide FAPE through the IEP process shall be given to the
parents.
a. The notice shall be provided in
the parents' native language or shall be given using other means of
communication, whenever necessary, to ensure parental understanding.
b. The notice shall indicate the purpose,
time, and location of the IEP Team meeting; who will be in attendance; when a
LEA IEP Team member needs to be excused from attending the meeting; the
parents' right to take other participants to the meeting; the student's right
to participate (when appropriate); and the name of the person in the LEA the
parents can contact when they have questions or concerns.
c. The notice shall explain the procedural
safeguards available to the parents; that they can negotiate the time and place
of the IEP Team meeting; that they have the right to full and meaningful
participation in the IEP decision-making process, know their consent is
required before initial placement will be made and that all information about
the student shall be kept confidential.
d. When it appears that a student with a
disability may be eligible to participate in one of the alternate assessments,
the notice shall explain that data appear to support the student's
participation in alternate assessment, and that the decision for participation
will be made with the parents at the IEP Team meeting.
e. Additionally, when the LEA has not already
done so, the parents shall be informed of their right to an oral explanation of
the evaluation report and of their right to an independent education evaluation
(IEE) when the parents disagree with the current evaluation.
f. In the case of a child who was previously
served under Part C, an invitation to the initial IEP Team meeting, at the
request of the parent, will be sent to the Part C service coordinator or other
representative of the Part C system to assist with the smooth transition of
services. This only pertains to students with disabilities.
2. An IEP Team meeting that result
in a completed IEP/placement document shall be held. This meeting should be a
vehicle for communication between parents and school personnel to share formal
and informal information about the student's needs, educational projections,
and services that will be provided to meet the student's needs. The completed
IEP/placement document is a formal record of the IEP Team's decisions. The
timeline for completion of the document is intended to ensure that there is no
undue delay in providing a free appropriate public education (FAPE) for the
student. The IEP form is considered official when the parent and the Official
Designated Representative (ODR) sign the document.
a. The IEP Team should consider parental
correspondence to the school regarding the student's learning environment, any
notes from previous parental conferences, and any data gathered during the
screening and evaluation period in the development of the IEP.
b. Implementation of the IEP means that the
student begins participating in special education and related services as
written on the IEP/placement document. A LEA shall begin providing services as
stated on the IEP as soon as possible but no later than ten (10) school days.
The date of initiation of services shall be noted on the IEP.
c. Students who have been receiving special
education in one LEA in Louisiana who transfer to another LEA within Louisiana
shall be enrolled in the appropriate special education program in the receiving
LEA with the current IEP or the development of a review IEP within five school
days of the transfer.
B. Additional Notes about Timelines
1. Summer Recess. When an initial evaluation
report has been completed within the 30 days prior to the summer recess or
during the recess, the LEA may request, through written documentation, parental
approval to delay the initial IEP Team meeting until the first week of the next
school session. However, when the parents wish to meet during the summer
recess, the LEA shall ensure that the appropriate IEP Team members are
present.
2. Children with
Disabilities Approaching Age 3
a. Children
with disabilities receiving Part C services (EarlySteps) who are "turning
three-years-old" suspected of being eligible for Part B services shall be
referred to the LEA when the child is 2 years, 2 months through 2 years, 9
months of age. The Part C Family Service Coordinator will notify the LEA of the
date for the transition meeting to determine whether the student shall be
evaluated for Part B services. The LEA will begin the evaluation process to
determine eligibility. When the child meets eligibility criteria according to
Bulletin 1508, Pupil Appraisal Handbook, the IEP Team must
develop and implement the IEP by the child's third birthday.
b. If the child's birthday occurs during the
summer months, the child's IEP team will determine the date when services will
begin. Services shall begin no later than the start of the next school
year.
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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