La. Admin. Code tit. 28 § XLIII-322

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

Section XLIII-322 - Parent Participation

A. Public Agency Responsibility-General. Each public agency shall take steps to ensure that one or both of the parents of the student with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including:

1. notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

2. scheduling the meeting at a mutually agreed upon time and place.

B. Information Provided to Parents

1. The notice required under Paragraph A.1 of this Section shall:

a. indicate the purpose, time, and location of the meeting and who will be in attendance; and

b. inform the parents of the provisions in §321. A.6 and C (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the student), and §321F (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a student previously served under Part C of the IDEA).

2. For a student with a disability beginning not later than the first IEP to be in effect when the student turns 16, or younger if determined to be appropriate by the IEP Team, the notice also shall:

a. indicate:

i. that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the student, in accordance with §320 B; and

ii. that the agency will invite the student; and

b. identify any other agency that will be invited to send a representative.

C. Other Methods to Ensure Parent Participation . If neither parent can attend an IEP Team meeting, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §328 (related to alternative means of meeting participation).

D. Conducting an IEP Team Meeting without a Parent in Attendance . A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency shall keep a record of its attempts to arrange a mutually agreed upon time and place, such as:

1. detailed records of telephone calls made or attempted and the results of those calls;

2. copies of correspondence sent to the parents and any responses received; and

3. detailed records of visits made to the parent's home or place of employment and the results of those visits.

E. Use of Interpreters or Other Action, as Appropriate. The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

F. Parent Copy of Student's IEP. The public agency, upon parent request, shall give the parent a draft of the student's IEP at least three business days prior to an IEP meeting and shall provide the copy of the student's draft and final IEP at no cost to the parent.

La. Admin. Code tit. 28, § XLIII-322

Promulgated by the Board of Elementary and Secondary Education, LR 34:2062 (October 2008), Amended LR 501151 (8/1/2024).

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