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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 515
BY SENATOR WALSWORTH
SPECIAL EDUCATION. Provides relative to funding for educational services in residential
facilities. (8/1/12)
AN ACT1
To amend and reenact R.S. 17:1947(A), relative to funding for special education and related2
services to students with exceptionalities; to require that funding be provided for all3
educational services which are provided to students placed in a residential or intermediate4
care facility; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:1947(A) is hereby amended and reenacted to read as follows: 7
ยง1947. Funding8
A. Funding for public school special educational services as provided by9
local education agencies shall be as follows:10
(1) Each local education agency shall provide special education and related11
services to students with exceptionalities who are located within its geographical12
boundaries, including children who are placed in a private residential facility or an13
intermediate care facility for the developmentally disabled for any reason by any14
individual or agency; however, the agency shall pay the cost of such services only15
for such students who are residents within the geographical boundaries of the16
agency. Each local education agency shall provide child find and evaluation to17 SB NO. 515
SLS 12RS-885 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
nonresident students who attend a parentally placed private elementary or secondary1
school.2
(2) If a local education agency provides special education and related services3
to a student with an exceptionality who is located within the geographical boundaries4
of such agency but is not a resident thereof, including children who are placed in a5
private residential facility or an intermediate care facility for the developmentally6
disabled for any reason by any individual or agency, the cost of any special7
education and related services shall be reimbursed by the local education agency8
within the boundaries of which the student resides, except as provided in9
Paragraph(3) of this Subsection.10
(3) If a student with an exceptionality is living in a private residential facility11
in this state but the student is not a resident of this state, the local education agency12
providing any special education and related services to that student shall be13
reimbursed by the residential facility for the cost of providing those services.14
* * *15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Present law, relative to special education, provides for funding for special educational
services provided by local education agencies (LEAs) to students placed in a private
residential facility or intermediate care facility for the developmentally disabled, as follows:
1. Requires LEAs to provide special education and related services to students with
exceptionalities who are located within their geographic boundaries, including
children who are placed in a private residential facility or intermediate care facility
for the developmentally disabled.
2. Requires the LEA to pay the cost of such special education services for students who
reside within its geographic boundaries.
3. Provides that the residential facility shall reimburse the cost of providing services to
students with exceptionalities who are not residents of the state but live in a private
residential facility in this state.
Proposed law removes the restriction that such funding is to be provided only for special
education services provided to students with exceptionalities placed in a private residential
facility or an intermediate care facility for the developmentally disabled and instead requires
that LEAs provide all education and related services to students placed in any type of
residential facility or intermediate care facility in the state. SB NO. 515
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective August 1, 2012.
(Amends R.S. 17:1947(A))