La. Admin. Code tit. 28 § XLIII-902

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

Section XLIII-902 - Applicability

A. Public Agencies within the state. The provisions of these regulations:

1. apply to all political subdivisions of the state that are involved in the education of students with disabilities, including:

a. the Louisiana Department of Education, referenced in these regulations as the "LDE";

b. local educational agencies (LEAs), educational service agencies (ESAs), and public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA;

c. other State agencies and schools (such as Department of Health and Hospitals, Department of Social Services, Special School District, and Board Special Schools);

d. state and local juvenile and adult correctional facilities; and

2. are binding on each public agency in the state that provides special education and related services to students with disabilities, regardless of whether that agency is receiving funds under part B of the IDEA.

B. Private Schools and Facilities. Each public agency in the state is responsible for ensuring that the rights and protections under part B of the IDEA are given to students with disabilities:

1. referred to or placed in private schools and facilities by that public agency; or

2. placed in private schools by their parents under the provisions of §148

La. Admin. Code tit. 28, § XLIII-902

Promulgated by the Board of Elementary and Secondary Education, LR 34:2088 (October 2008).

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