Current through Register Vol. 50, No. 9, September 20, 2024
A. Written notice shall be given to the
parents of gifted and talented students a reasonable time before the LEA:
1. proposes to initiate or change the
identification, evaluation, or educational placement of the student or the
provision of a free appropriate public education to the student; or
2. refuses to initiate or change the
identification, evaluation, or educational placement of the student or the
provision of a free appropriate public education to the student.
B. The prior notice shall include
prescribed information as listed below:
1. a
description of the action proposed (or refused) by the school, an explanation
of why the LEA proposes or refuses to take the action, and a description of any
other options the LEA considered with the reasons why those options were
rejected;
2. a description of each
evaluation procedure, test, record or report the LEA used as a basis for the
proposed or refused action;
3. a
description of any other factors that are relevant to the LEA's proposal or
refusal;
4. a statement assuring
that the parents of gifted and talented students have protections under the
procedural safeguards; and
5.
sources for parents to contact to obtain assistance in understanding the
provisions of the procedural safeguards.
C. The notice shall be written in language
understandable to the general public and provided in the native language of the
parents or other mode of communication used by the parents, unless it is
clearly not feasible to do so; and
1. if the
native language or other mode of communication of the parents is not a written
language, the department and the LEA shall take steps to ensure that:
a. the notice is translated orally or by
other means to the parents in their native language or other mode of
communication;
b. the parents
understand the content of the notice;
c. the LEA shall maintain written evidence
that the requirements of Paragraph C of this Section have been met.
D. Notices scheduling
Individualized Education Program (IEP) Team meetings shall contain not only a
description of the purpose, date, time, and location of the meeting, but also a
list of who will be in attendance.
E. If the notice relates to an action
proposed by the LEA and requires parental consent under these regulations, the
LEA may give notice at the same time it requests parental consent.
F. Requirements for procedural safeguards
notice are noted below:
1. A copy of the
procedural safeguards shall be given to the parents of gifted and talented
students, at a minimum:
a. upon the initial
referral of the student for evaluation;
b. upon each notification of an IEP
meeting;
c. upon re-evaluation of
the student; and
d. upon receipt of
a request for a due process hearing.
2. The procedural safeguards notice shall
include a full explanation of all procedural safeguards available including the
state's complaint procedures available in Chapter 11 of these
regulations.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:1941 et
seq.
