LAC 28:CXV.331. Special Education Programs

A. Each LEA shall provide special education programs for all exceptional students. B. Education for exceptional students shall be maintained in the least restrictive environment appropriate to the students' needs. C. Each LEA shall ensure that the placement of exceptional students in special education services and settings is determined by the student's IEP placement committee and occurs only with the written consent of the parent(s) or legal guardian for the initial IEP. D. Children who have been receiving special education in another state or in another school system within Louisiana, and have an IEP in effect from the previous system shall be provided FAPE until the following conditions occur: 1. if the student is transferring from another state, eligibility is determined, and a new IEP is developed, if appropriate; 2. if the student is transferring from within Louisiana, the current IEP is adopted or a new IEP is developed. NOTE: Refer to Bulletin 1706―Regulations for Implementation of the Children with Exceptionalities Act. E. Special Education Advisory Council (SEAC). Each local public school superintendent and the administrative head of each charter school or other public school shall create a special education advisory council to provide advice and feedback regarding special education policies, procedures, and resources. The council shall also engage in outreach activities to the community at large to increase the level of knowledge, support, and collaboration with respect to special education. 1. Membership. The number of council members and composition of the council shall be determined by the local public school superintendent or the administrative head of each charter school and shall be composed as follows: a. At least 50 percent of the membership shall be parents or legal guardians of students with an exceptionality, other than gifted and talented, who are enrolled in a school under the jurisdiction of or who are receiving special education services from the local education authority (LEA), none of whom shall be employees of the LEA. One high school student with an exceptionality, other than gifted and talented, and one person who represents an entity that serves students with disabilities or families of students with disabilities and who is not an employee of the LEA may be counted to meet this requirement. b. At least one member shall be a teacher, principal, or paraprofessional who serves students with disabilities and who works in a school under the jurisdiction of the LEA. c. At least ten percent of the membership shall be special education stakeholders who are not represented by council members selected under Subparagraphs a. or b. of this Paragraph. d. The superintendent or administrative head of a charter school shall seek applications for council membership from parents of students with an exceptionality, other than gifted and talented, teachers, principals, paraprofessionals, and other stakeholders. e. An effort shall be made in the selection of council members to include representation of parents of students in elementary, middle, and high school. 2. A council should be composed of at least eight members. If a council has fewer than eight members, the superintendent or administrative head of a charter school shall provide an explanation of the decision to establish a council with fewer than eight members. The explanation shall be provided to the council, and the council shall include it as an addendum to the annual report submitted to LDOE. 3. The superintendent or administrative head of a charter school shall designate the chairperson of the council. The chairperson shall call the council meetings, preside over the meetings, and establish the agenda for the meetings. The SEAC shall meet at least three times per year. 4. The superintendent or administrative head of a charter school shall provide an annual report to the SEAC which shall include but not be limited to the following information regarding the school system or school: a. special education financial data, including federal, state, and local funding; b. subgroup academic data on students receiving special education and related services; c. compliance violations relative to special education requirements; and d. the number of designated seclusion rooms as defined by R.S. 416.21. 5. The SEAC shall submit a written report regarding its activities to the local superintendent or administrative head of a charter school and the Special Education Advisory Panel (SEAP) in May of each year. The report shall be posted on the LEA website, submitted to LDOE, and posted on the LDOE website. 6. There shall be no liability or cause of action against an LEA or any officer or employee thereof for any action taken by members of the council.