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-123 - Parental Withholding of Consent
Universal Citation: LA Admin Code XCVII-123
Current through Register Vol. 50, No. 3, March 20, 2024
A. When the parent of the student refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the LEA:
1. may not use the procedures in
Bulletin 1706, Chapter 5 (including the mediation procedures
under §506 or the due process procedures under §508-§517) in order to obtain
agreement or a ruling that the services may be provided to a student;
2. will not be considered to be in violation
of the requirement to make FAPE available to the student for the failure to
provide the student with the special education and related services for which
the public agency requests consent; and
3. is not required to convene an IEP Team
meeting or develop an IEP for the student for the special education and related
services for which the public agency requests such consent.
B. If, at any time after the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services the LEA:
1.
may not continue to provide special education and related services to the
student, but must provide prior written notice in accordance with
Bulletin 1706 before ceasing the provision of special
education and related services;
2.
may not use the procedures in Bulletin 1706, Chapter 5
(including the mediation procedures under §506 or the due process procedures
under §508-§517) in order to obtain agreement or a ruling that the services may
be provided to a student;
3. will
not be considered to be in violation of the requirement to make FAPE available
to the student because of the failure to provide the student with further
special education and related services; and
4. is not required to convene an IEP Team
meeting or develop an IEP for the student for further provision of special
education and related services.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
