La. Admin. Code tit. 28 § CI-109

Current through Register Vol. 50, No. 11, November 20, 2024

Section CI-109 - Parental Participation

A. Participation by parents is crucial in all meetings in which decisions are being made regarding their child. Parents must be informed about the process used to assess their child's response to scientifically research-based interventions, appropriate strategies for improved achievement and the right to request an evaluation. Parents must be notified early enough to ensure the opportunity to participate in the meetings and discussions listed below. See Bulletin 1706 §322 for additional participation procedures:

1. school building level committee meetings when decisions are made regarding their child;

2. the evaluation team meeting to consider the results of the data and determine eligibility:

a. at the conclusion of the evaluation meeting where eligibility is determined, if the parents disagree with the consensus of the team, the LEA must afford the parents the right to challenge the evaluation report in accordance with procedural safeguards;

3. the initial individual education program (IEP) Team meeting to review evaluation results and determine special education and related services in the least restrictive environment;

4. the IEP Team meeting to discuss new concerns and to determine if a reevaluation is needed;

5. in the case of a reevaluation, to discuss the review of existing evaluation data to determine whether the student continues to have an exceptionality, and continues to need special education and related services.

B. Parental Consent for Initial Evaluations

1. The LEA proposing to conduct an initial evaluation to determine if a student qualifies as a student with an exceptionality shall, after providing notice as described in Chapter 5 of Bulletin 1706, obtain informed consent from the parent of the student before conducting the evaluation. Parents must be given a copy of their rights at the time of the request for parental consent.

a. Parental consent for initial evaluation shall not be construed as consent for initial provision of special education and related services.

b. The LEA 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 LEA 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 LEA 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 enrolled in a public school or seeking to be enrolled in a public school does not provide consent for initial evaluation under Paragraph B.1 of this Section, or the parent fails to respond to a request to provide consent, the LEA may, but is not required to, pursue the initial evaluation of the student by utilizing the procedural safeguards in Chapter 5 of Bulletin 1706 (including the mediation procedures or due process procedures), if appropriate.

a. The LEA does not violate its obligation under §111 and §302-308 of Bulletin 1706 if it declines to pursue the evaluation.

C. Parental Consent for Reevaluations

1. The LEA shall obtain informed parental consent prior to conducting any reevaluation of a student with an exceptionality.

2. If the parent refuses to consent to the reevaluation, the LEA may, but is not required to, pursue the reevaluation by using the consent override procedures described in Paragraph B.3 of this Section.

3. The LEA does not violate its obligation under §111 and §302-308 of Bulletin 1706 if it declines to pursue the reevaluation.

4. The informed parental consent described in Paragraph C.1 of this Section need not be obtained if the LEA 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 for Evaluations and Reevaluations

1. 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.

2. If a parent of a student who is home schooled (in a home study program) or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to the request to provide consent, the LEA may not use the consent override procedures described in Paragraphs B.3 and C.2 of this Section:

a. the LEA is not required to consider the student eligible for services as defined in Bulletin 1706.

3. To meet the reasonable efforts requirement in Subparagraphs B.1.b, B.2.a, and C.4.a of this Section, the public agency shall document its attempts to obtain parental consent using the procedures in §322. D of Bulletin 1706.

La. Admin. Code tit. 28, § CI-109

Promulgated by the Board of Elementary and Secondary Education, LR 35:896 (May 2009), effective July 1, 2009.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.