Louisiana Children’s Code 905.1 – Academic plan for children committed to the Department of Public Safety and Corrections
Terms Used In Louisiana Children's Code 905.1
- child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
A. When a child is assigned to the secure custody of the Department of Public Safety and Corrections following an adjudication of delinquency, the department shall assess the child’s academic grade level using a research-based diagnostic tool within thirty days of the child’s admission to a secure care facility.
B. The department shall develop a written academic plan for the child based upon all of the following criteria for each individual child:
(1) Grade level diagnostic test results.
(2) Past academic performance.
(3) The individualized education plan or individualized learning plan, as applicable.
(4) The length of time the child will be in the department’s secure custody.
C. If the child tests at grade level or above, the individualized education plan or individualized learning plan shall be structured to allow the child to timely prepare for or earn a high school diploma, General Educational Development Certification or certificate of achievement from the Special School District, during the period the child is in the department’s secure custody.
D. If the child tests below grade level, the individualized education plan or individualized learning plan shall be structured, depending on the child’s abilities, to bring the child’s academic performance up to grade level or as reasonably close thereto as possible, during the period the child is in the department’s secure custody.
E. The department shall submit the individualized education plan or individualized learning plan to the court within forty-five days of the child’s admission to the secure care facility and a copy shall be provided to the parents or guardian of the child, the district attorney, and counsel for the child at the time it is submitted to the court.
F. A report on the child’s academic progress shall be included in the department’s quarterly report to the court.
G. For purposes of this Code, “individualized learning plan” shall include vocational training.
H. Upon discharge from the department’s custody, a copy of the child’s academic plan and all progress reports shall be provided to the child’s parents or guardian. The department shall provide this information to the school or academic program in which the child is thereafter enrolled upon written request.
Acts 2012, No. 629, §1, eff. June 7, 2012; Acts 2024, No. 124, §1.