La. Admin. Code tit. 28 § XLIII-302

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

Section XLIII-302 - Initial Evaluations

A. General. Each public agency shall conduct a full and individual initial evaluation, in accordance with §306 and 307, before the initial provision of special education and related services to a student with a disability under these regulations.

B. Request for Initial Evaluation. Consistent with the consent requirements in §301, either a parent of a student or a public agency may initiate a request for an initial evaluation to determine if the student is a student with a disability.

C. Procedures for Initial Evaluation. The initial evaluation:

a. shall be conducted within 60 business days of receiving parental consent for the evaluation with additional appropriate extensions as established in Bulletin 1508-The Pupil Appraisal Handbook; and

2. shall consist of procedures:

a. to determine if the student is a student with a disability as defined in §905; and

b. to determine the educational needs of the student.

D. Exception. The timeframe described in Paragraph C.1 of this Section does not apply to a public agency if:

1. the parent of a student repeatedly fails or refuses to produce the student for the evaluation; or

2. a student enrolls in a school of another public agency after the relevant timeframe in Paragraph C.1 of this Section has begun, and prior to a determination by the student's previous public agency as to whether the student is a student with a disability as defined in §905

E. The exception in Paragraph D.2 of this Section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.

La. Admin. Code tit. 28, § XLIII-302

Promulgated by the Board of Elementary and Secondary Education, LR 34:2059 (October 2008).

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