Louisiana § RS 17:1944 - Local education agency; responsibilities

§ RS 17:1944. Local education agency; responsibilities

            A. Subject to the conditions and limitations of this Chapter, local education agencies as defined in R.S. 17:1942, in providing for the education of students with exceptionalities within their jurisdiction, shall have in effect policies, procedures, and programs that are consistent with state policies and procedures.

            B. Special education and related services may be provided by local education agencies for eligible children under three years of age.

            C. Except as otherwise specifically permitted by the State Board of Elementary and Secondary Education, there shall be a chronological age span of not more than three years, and special education classes shall be grouped to provide for the most efficient delivery of services in accordance with the student's individualized education program.

            D. Whenever adequate education results can best be obtained by providing cooperative special education and related services, the local education agencies shall establish and maintain such facilities and programs according to procedures established by the state Department of Education with the approval of the State Board of Elementary and Secondary Education. Adjacent and nearby local education agencies shall pool their resources for this purpose. The local education agency within whose boundaries the facility is located shall be designated as the coordinating fiscal agency.

            E. Local education agencies shall provide whatever transportation is necessary to implement any individualized education program for a student with an exceptionality. Transportation shall be provided in cooperative programs according to the method established in the contract between the cooperating agencies or districts and shall also be in accordance with the student's individualized education program.

            F. A student with an exceptionality, except a gifted or talented student, shall be assigned to a school as requested by the parent if all of the following conditions are met:

            (1) The parent submits a written request to the local education agency responsible for the student and the local education agency having jurisdiction over the school being requested by not later than April first of the school year preceding the school year for which the parent is requesting the school assignment. The request shall include a recommendation from at least two licensed physicians who have treated the student during the year prior to the submission of the request.

            (2) The local education agency responsible for the student and the local education agency having jurisdiction over the school being requested by the parent enter into an agreement for the assignment of the student to the requested school.

            (3) The requested school is located at least ten miles from the school the student is assigned to in accordance with applicable school attendance zone requirements.

            (4) The requested school is located at least fifteen miles from the student's home.

            (5) The requested school is not located in a public school district in which fifty percent or more of the public schools in the district are charter schools and fifty percent or more of the public schools in the district participate in a single application and enrollment process for public school enrollment.

            G.(1) Each month, EarlySteps shall submit a list of all children who are participating in EarlySteps as provided in Chapter 4-B of Title 28 of the Louisiana Revised Statutes of 1950 and who are reaching the age of two-and-a-half that month to the local education agency for the area in which the child resides.

            (2) Each local education agency shall:

            (a) Coordinate with each child's parent relative to scheduling any conferences necessary for appraising the child and conducting any other activity necessary for facilitating the child's transition from EarlySteps to preschool or other appropriate services, including but not limited to facilitating a process through which the local education agency may directly coordinate with the child's early learning center relative to scheduling and conducting appraisals and conferences relative to the child's transition at the early learning center.

            (b) Conduct pupil appraisals year-round for the purpose of assisting parents in scheduling appraisals and developing an appropriate plan for each child prior to the beginning of each school year.

            (c) Ensure that there is not a delay either in conducting a child's appraisal nor beginning to provide services to an eligible child solely because the child's third birthday falls during the summer months.

            (d) Take all measures necessary to coordinate with EarlySteps personnel and parents to facilitate a smooth and seamless transition for each child upon reaching the child's third birthday.

            H.(1) Each local education agency shall adopt a policy requiring each school under its jurisdiction to provide written information regarding legal procedures affecting the transfer of individual rights from parent to child when the child attains the age of majority, including but not limited to supported decisionmaking, power of attorney, full or limited continuing tutorship, and limited and full interdiction, to parents as provided in this Subsection.

            (2) The document shall inform parents of legal options and how each option relates to such transfer of rights.

            (3) At the child's first Individualized Education Program meeting of the school year, the document shall be provided to a parent of each child who is fourteen, fifteen, sixteen, or seventeen years old who participates in alternate assessment pursuant to R.S. 17:24.4(F)(3) or an alternate pathway to promotion pursuant to R.S. 17:24.4(H). Parents shall be provided a form by which to confirm receipt of the information.

            (4) The state Department of Education shall develop the information and provide it to each local education agency for this purpose.

            (5) For purposes of this Subsection, "parent" means a child's parent, tutor, or legal guardian.

            (6) The information provided as required by this Subsection is not intended to be legal advice, which the document provided shall indicate, and the local education agency shall have no liability for claims arising from the information provided.

            Acts 1977, No. 754, §1; Acts 1992, No. 458, §1, eff. June 20, 1992; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998; Acts 2008, No. 376, §1; Acts 2016, No. 364, §1; Acts 2022, No. 374, §1; Acts 2023, No. 84, §1; Acts 2024, No. 689, §1.