Louisiana Administrative Code
Title 28 - EDUCATION
Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act
Subpart 2 - Regulations for Gifted/Talented Students
Chapter 13 - Evaluation, Eligibility, Determinations, Individual IEPs and Educational Placements
Section XLIII-1301 - Parental Consent
Universal Citation: LA Admin Code XLIII-1301
Current through Register Vol. 50, No. 9, September 20, 2024
A. Parental Consent for Initial Evaluation
1.
a. The public agency proposing to conduct an
initial evaluation to determine if a student qualifies as a gifted or talented
student as defined in
§1904 shall, after providing notice
consistent with §1503, obtain written informed consent consistent with the
definition of consent in §1 904, from the parent of the student before
conducting the evaluation.
b.
Parental consent for initial evaluation shall not be construed as consent for
initial provision of special education and related services.
c. The public agency 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 public agency 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
public agency 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 fails to
respond to a request for, or refuses to consent to the initial provision of
special education and related services, the public agency;
a. may not use the procedures in Chapter 15
of these regulations (including the mediation procedures under
§1504 or the due process procedures
under §1507 through 1516) in order to obtain agreement
or a ruling that the services may be provided to the student;
b. 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 special education and related services for which
the parent refuses to or fails to provide consent; and
c. is not required to convene an IEP Team
meeting or develop an IEP under
§1320 and
§1324 for the student.
B. Parental Consent for Services
1. A public agency that is
responsible for making FAPE available to a student with an exceptionality shall
obtain informed written consent from the parent of the student before the
initial provision of special education and related services to the
student.
2. The public agency shall
make reasonable efforts to obtain informed consent from the parent for the
initial provision of special education and related services to the
student.
3. If the parent of a
student fails to respond or refuses to consent to services under Subsection B
of this Section, the public agency may not use the procedures in Chapter 15 of
these regulations (including the mediation procedures under
§1504 or the due process procedures
under §1507 through 1516) in order to obtain agreement
or a ruling that the services may be provided to the student.
4. If 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 public agency:
a. 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
b. is not required to convene an IEP Team
meeting or develop an IEP under
§1320 and
§1324 for the student for the special
education and related services for which the public agency requests such
consent.
C. Parental Consent for Reevaluations
1. Subject
to Paragraph C.2 of this Section, each public agency:
a. shall obtain informed written parental
consent, in accordance with §1301, prior to conducting any reevaluation of a
student with an exceptionality;
b.
if the parent refuses to consent to the reevaluation, the public agency may,
but is not required to, pursue the reevaluation by using the consent override
procedures described in Paragraph A.4 of this Section;
c. the public agency does not violate its
obligation under
§1107 and
§1305 if it declines to pursue the
evaluation or reevaluation.
2. The informed parental consent described in
Paragraph C.1 of this Section need not be obtained if the public agency 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
1. If the parent's
decision is to withhold consent for the initial evaluation, a reevaluation or
initial placement of the student in gifted and talented services, the LEA may
not request a due process hearing following the procedures outlined in
§1507 of these regulations.
2. The parent may refuse special education
services and subsequent reevaluations.
3. 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.
4. A public agency may not use a parent's
refusal to consent to one service or activity under Paragraph A of this Section
to deny the parent or student any other service, benefit, or activity of the
public agency, except as required by these regulations.
5. If a parent of a student who is home
schooled or placed in a private school by the parent at his or her own expense
does not provide consent for the initial evaluation or the reevaluation, or the
parent fails to respond to a request to provide consent, the public agency may
not use the consent override procedures (described in Paragraphs A.3 and C.1 of
this Section); and
6. To meet the
reasonable efforts requirement in Paragraphs A.1.c, A.2.a, B.2, and C.2.a of
this Section, the public agency shall document its attempts to obtain parental
consent using the procedures in
§1322
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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