Current through Register Vol. 50, No. 9, September 20, 2024
A. Each
LEA shall identify, locate, and evaluate each student suspected of having an
exceptionality as gifted or talented in visual arts, music or theatre 3 through
21 years of age, residing within its jurisdiction.
B. Each LEA is responsible for making
available a free appropriate public education to each eligible student with an
exceptionality, 3 through 21 years of age, who resides within its jurisdiction
except those students enrolled by their parents in a private school program.
1. LEAs are not required to provide services
to students whose parents choose not to enroll them in a program operated by
the LEA.
2. Services do not have to
be provided to gifted or talented students who have been suspended or
expelled.
C. Students
who are eligible to receive a free appropriate public education are described
as follows.
1. LEAs shall make available a
free appropriate public education to all gifted and talented students located
in their jurisdictions from the age of three years, regardless of when the
birthday occurs during the school year.
2. A student with an exceptionality shall
remain eligible for services until reaching age 22 unless the student has
graduated from high school with a regular high school diploma. A student with
an exceptionality whose twenty-second birthday occurs during the course of the
regular school year (as defined by the LEA) may be allowed to remain in school
for the remainder of the school year.
D. Jurisdiction is the right and obligation
of an LEA to exercise authority over all students residing within its
geographic area and over each student placed by the LEA in an educational
program within the geographic area of another LEA.
1. For city/parish school systems, the
geographic area is the boundary of the school district as defined in the
Louisiana Revised Statutes.
2. For
SSD, the geographic area is the boundary of the state-operated treatment and
care residential facilities.
3. For
a state board special school, the geographic area is the boundary of the
educational facility.
4. For a
charter school that is considered an LEA, the geographic area is the boundary
of the educational facility.
5. If
an LEA places a student in another LEA or an approved private school, the
student so placed remains within the jurisdiction of the placing LEA. The
responsibility for a FAPE remains with the placing LEA.
a. All students sent to a board special
school by another LEA are considered "placed" by the sending LEA.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:1941 et
seq.
