Louisiana Administrative Code › Title 28 - EDUCATION › Part XCI - Bulletin 1922-Compliance Monitoring Procedures › Chapter 1 - Overview › Section XCI-107 - Corrective Action and Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE has
				the responsibility to monitor all public educational agencies with programs for
				children with disabilities within the state for compliance with applicable
				state and federal laws, regulations, and standards.
B. The LDE is authorized to take actions,
				consistent with applicable law, necessary to ensure compliance. Failure on the
				part of a participating agency to comply may result in the LDE, with the
				approval of its governing authority, the Board of Elementary and Secondary
				Education (BESE), withholding funds from the said agency. Prior to withholding
				any funds under this Section, the LDE shall provide reasonable notice and an
				opportunity for a hearing conducted by the BESE to the LEA involved.
C. LDE determines the need for a corrective
				action plan (CAP) to address findings of non-compliance on an individual LEA
				case-by-case basis. If the LDE requires a CAP, it will be developed in
				collaboration with the LDE following the LEAs receipt of the LDEs monitoring
				report. The CAP shall be submitted for approval to the LDE within 35 business
				days of receipt of the monitoring report. However, upon receipt of the report,
				the LEA shall immediately begin correcting the findings of non-compliance
				documented in the report. The plan will address the activities the LEA will
				implement to correct the areas of non-compliance identified during the on-site
				visit as soon as possible, but in no case more than one year from the date of
				the notification report from the LDE.
D. The progress toward completing the
				activities in the plan will be tracked by the LDE to determine if the timelines
				are being met. LEAs will submit evidence and data as requested by the LDE to
				show completion of activities and evidence of change in the LEA as a result of
				the corrective action plan. Based on a review of submitted evidence, the LDE
				will decide whether the LEA has met compliance requirements or determine
				whether a follow-up, on-site visit must be conducted to determine if the LEA
				has made systemic changes to correct the noncompliance addressed in the
				corrective action plan.
E. A
				written report of the findings from a review of the submitted evidence or from
				a follow-up visit will be issued to the LEA by the LDE within 30 business days
				of the review of the evidence or the on-site visit.
F. When continuing non-compliance is
				identified, the LDE will require that an intensive corrective action plan
				(ICAP) be developed by the LEA in collaboration with the LDE, to address the
				continuing noncompliance. In conjunction with the implementation of the
				approved plan, the LDE will impose one or more of the following sanctions
				described below:
1. Advise the LEA of
				available sources of technical assistance that may help the LEA.
2. Direct the LEA to present the ICAP to the
				local school board for approval.
3.
				direct the LEA to use IDEA part B flow-through funds on the area or areas that
				the LEA is non-compliant. The LEA will submit evidence to the LDE of the
				specific funds targeted for areas of non-compliance. The LDE will monitor the
				expenditure of such funds on a consistent basis;
4. The LDOE may determine that a special
				consultant or management team is necessary to assist the LEA in addressing
				areas of non-compliance. The LDOE will select a special consultant or
				management team to collaborate with the LEA in developing and implementing an
				intensive corrective action plan. The special consultant and the ICAP
				activities will be funded at the local level.
5. identify the LEA as a high-risk grantee
				and impose special conditions on the LEA's IDEA part B grant. The LDE will
				impose one or more of the following special conditions:
a. for each year of continuing
				non-compliance, withhold not less than 20 percent and not more than 50 percent
				of the LEA's IDEA part B grant until the LDE determines the LEA has
				sufficiently addressed the areas in which the LEA needs intervention;
b. Seek to recover funds under
				section 452 of the General Education Provisions Act.
c. Withhold, in whole or in part, any further
				payments to the LEA under this part pursuant to Subparagraph a.
d. Refer the matter for other appropriate
				enforcement action.