La. Admin. Code tit. 28 § XLIII-323

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

Section XLIII-323 - When IEPs Shall Be in Effect

A. General. At the beginning of each school year, each public agency shall have in effect, for each student with a disability within its jurisdiction, an IEP, as defined in §320

B. IEPs for Students Aged 3 through 5

1. In the case of student with a disability aged 3 through 5, the IEP Team shall consider an individualized family service plan (IFSP), if the student was served under Part C of the IDEA.

C. Initial IEPs; Provision of Services . Each public agency shall ensure that:

1. a meeting to develop an IEP for a student is conducted within 30 days of a determination that the student needs special education and related services; and

2. as soon as possible but no later than 10 school days following the development of the IEP, special education and related services are made available to the student in accordance with the student's IEP.

D. Accessibility of Student's IEP to Teachers and Others. Each public agency shall ensure that:

1. the student's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation;

2. each teacher and service provider described in Paragraph D.1 of this Section shall be informed of:

a. his or her specific responsibilities related to implementing the student's IEP; and

b. the specific accommodations, modifications, and supports that shall be provided for the student in accordance with the IEP.

E. IEPs for Students who Transfer Public Agencies in the Same State. If a student with a disability (who had an IEP that was in effect in a previous public agency within Louisiana) transfers to a new public agency within Louisiana, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) shall provide FAPE to the student (including services comparable to those described in the student's IEP from the previous public agency), until the new public agency either:

1. adopts the student's IEP from the previous public agency; or

2. develops, adopts, and implements a new IEP that meets the applicable requirements in §320

F. IEPs for Students who Transfer from Another State. If a student with a disability (who had an IEP that was in effect in a previous public agency in another state) transfers to a public agency in Louisiana, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) shall provide the student with FAPE (including services comparable to those described in the student's IEP from the previous public agency), until the new public agency:

1. conducts an evaluation pursuant to §305 (if determined to be necessary by the new public agency); and

2. develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §320

G. Transmittal of Records. To facilitate the transition for a student described in Subsections E and F of this Section:

1. the new public agency in which the student enrolls shall take reasonable steps to promptly obtain the student's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous public agency in which the student was enrolled, pursuant to 34 CFR 99.31(a)(2); and

2. the previous public agency in which the student was enrolled shall take reasonable steps to promptly respond to the request from the new public agency.

La. Admin. Code tit. 28, § XLIII-323

Promulgated by the Board of Elementary and Secondary Education, LR 34:2063 (October 2008).

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