§ 17:1944 — Local education agency; responsibilities

§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.

Legislative History

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.