LAC 28:XCVII.103. Free Appropriate Public Education (FAPE)

A. A student is initially determined to have an exceptionality through the full and individual initial evaluation process. The responsibility for making a formal commitment of resources to ensure a free appropriate public education (FAPE) for a student identified as exceptional rests with the local education agency (LEA) in which the student resides. B.1. The LEA is responsible for initiating the assurance of FAPE regardless of whether the LEA will: a. provide all of the service directly or through interagency agreements; or b. place the student in another LEA or in a private school facility; or c. refer the student to another LEA for educational purposes. 2. This does not apply to students who are parentally placed in private schools. C. The LEA is required to offer FAPE to those students with disabilities ages 3 through 21 years. 1. The child is eligible for FAPE on his 3rd birthday. 2. The responsibility for providing services to a student identified as exceptional continues until: a. the student receives a state diploma; or b. the student reaches his or her 22nd birthday. When the 22nd birthday occurs during the course of the regular school session, and all action steps in the transition plan have not been completed, the student should be allowed to remain in school for the remainder of the school year. D. The LEA is not responsible for providing FAPE when, after carefully documenting that the agency has offered FAPE via an IEP, the parents choose to voluntarily enroll the student elsewhere or indicate their refusal of special educational services. Documentation of these parental decisions should be kept on file.