Louisiana Administrative Code › Title 28 - EDUCATION › Part CXXXIX - Bulletin 126-Charter Schools › Chapter 23 - Charter School Funding › Section CXXXIX-2303 - Local Education Agency (LEA) Status and Federal Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any type 2 or
				type 5 charter school shall be considered the local education agency (LEA) for
				funding purposes and statutory definitions and, as a local education agency,
				shall receive allocations for all available funding.
B. Type 1, 3, 3B, and 4 Charter School LEAs
1. A type 3B charter school shall have the
				option to remain its own LEA or have the local school board serve as the
				charter schools LEA, pursuant to
				§519 of this bulletin. A type 3B
				charter school considered its own LEA shall comply with the requirements for
				type 3B charter schools detailed in
				§519 of this Bulletin.
2. Pursuant to
				R.S.
				17:10.7.1, a type 1, 3, 3B or 4 charter
				school located in Orleans Parish may be considered its own LEA for funding
				purposes and statutory definitions, and as an LEA, shall receive allocations
				for all available funding.
a. At all times
				the charter school is considered its own LEA; it shall:
i. continue participation and follow all
				rules of the parish-wide enrollment system or, if not currently participating,
				begin participation upon renewal of the charter schools charter contract, and
				when enrolling or registering students at the school, do so without regard to
				English language learner (ELL) or disability status, type or severity of
				disability, or level of services required;
ii. provide all identification, evaluation,
				and special education and ELL services to students enrolled at the school
				required by the Individuals with Disabilities Education Act (IDEA) and other
				applicable federal and state laws and regulations for LEAs;
iii. when requesting a transfer for a student
				with a disability, do so in accordance with IDEA and other applicable state and
				federal special education laws and regulations for LEAs, and only when such
				transfer has been initiated or agreed to by the students parent or legal
				guardian;
iv. continue
				participation and follow all rules of the parish-wide student expulsion
				process, and when making a change of placement or an expulsion request for a
				student with a disability, do so according to such process and in compliance
				with the provisions of IDEA and other applicable federal and state special
				education laws and regulations for LEAs;
v. provide transportation services for
				students as required by applicable state laws and regulations, the schools
				charter contract, and local school board policy;
vi. comply with all financial, testing, and
				reporting requirements required by the charter schools authorizer or the
				department pursuant to applicable federal, state, and local laws and
				regulations; and
vii. comply with
				any monitoring, reporting, or corrective actions required by the schools
				charter authorizer or the department related to the requirements of this
				Section and any other applicable federal, state, or local laws or regulations
				for LEAs.
b. For type 1
				and 3 charter schools in Orleans Parish, the local superintendent shall
				implement a process to identify those schools requesting to be considered their
				own LEAs. LEA status shall commence on July 1 following receipt by the state
				superintendent of written notification from the local superintendent no later
				than the preceding April 1. Such written notification shall include:
i. documentation of the local school boards
				approval of the charter school to be considered its own LEA;
ii. written certification by the president or
				chairman of the board of the charter school that at all times the charter
				school is considered its own LEA it shall comply with the requirements of this
				Section; and
iii. a letter of
				attestation signed by the local superintendent, certifying that the
				requirements listed in this section shall be incorporated into the charter
				schools contract, and the local superintendents oversight, evaluation, and
				renewal determination processes for the charter school.
c. A type 4 charter school in Orleans Parish
				may be considered its own LEA upon request by the local school board and
				approval by BESE. The local school board may request LEA status for a type 4
				charter school no later than the April 1 preceding the year in which LEA status
				would commence through any one of the following procedures:
i. inclusion of the request for the charter
				school to be considered its own LEA in the initial charter application to
				BESE;
ii. submission of a request
				to BESE for a material amendment to the charter to permit the charter school to
				be considered its own LEA pursuant to
				§1903 of this Bulletin; or
iii. written request for the charter school
				to be considered its own LEA as part of BESEs renewal of the schools
				charter.
d. Each type 1,
				3, 3B, and 4 charter school in Orleans Parish that is considered its own LEA
				shall be held solely responsible for the requirements of this section and any
				other applicable federal, state, or local laws or regulations related to the
				charter schools LEA status, including, but not limited to data reporting,
				testing regulations, IDEA compliance, title I regulations, and requirements of
				other grants made available and secured by the charter school in its capacity
				as an LEA. However, each type 1, 3, 3B or 4 charter school considered its own
				LEA is under the jurisdiction of the Orleans Parish School Board and as such,
				the local superintendent shall have the duty, obligation and authority to
				monitor and enforce corrective actions and interventions related to the
				requirements of this section and any other applicable federal, state, or local
				laws or regulations for such charter school. Based on evidence of noncompliance
				with any such requirements, laws, or regulations, or that the continuation of
				LEA status for the charter school may result in a threat to the health, safety,
				or welfare of students or staff at the charter school, the local superintendent
				may submit a written request to the state superintendent for rescission of the
				charter schools LEA status.
e. The
				local superintendent and the department shall work together to coordinate each
				entity's reporting requirements for a charter school considered its own LEA in
				order to streamline and minimize duplication of reporting by the charter
				school. Upon written request by the local superintendent, the department shall,
				to the extent permitted by state and federal law, share data reported to the
				department by a charter school authorized by the local school board and acting
				as its own LEA. The written request shall include the specific data requested,
				whether the data will be needed on an ongoing basis, an explanation of the
				necessity and intended use of the data requested, and a plan for protecting the
				privacy and security of such data in accordance with applicable laws and
				regulations.
3. The
				state superintendent may rescind the LEA status of a type 1, 3, 3B or 4 charter
				school at the beginning of a subsequent school year (July 1) should the charter
				school fail to meet the requirements of this Section or other requirements
				related to LEA status. Prior to such rescission, the state superintendent shall
				provide written notification of the rescission to the local school board and
				the charter school no later than April 1. Such written notification shall
				include the reason for the rescission and a date by which the local school
				board and charter school may respond prior to rescission.
4. In situations where continued LEA status
				for the charter school may result in a threat to the health, safety, or welfare
				of students or staff at the charter school, the state superintendent may
				temporarily rescind the charter schools LEA status immediately, without prior
				written notification.
In such a case, the state superintendent shall be required to
				  provide written notification to the local school board and the charter school
				  of the temporary rescission as soon as is feasible. Such written notification
				  shall include the reason for the temporary rescission and a date by which the
				  local school board and charter school may respond prior to permanent rescission
				  of the charter schools LEA status.
5. Upon rescission, the local school board
				shall begin to serve as the charter schools LEA. The state superintendent may
				reinstate the charter schools LEA status at the beginning of a subsequent
				school year (July 1) provided the local school board approves such
				reinstatement and the state superintendent has determined that the charter
				school has demonstrated the ability to comply with all applicable requirements
				henceforth.
6. With the local
				school boards approval, a type 1, 3, 3B, or 4 charter school considered its own
				LEA may voluntarily request to relinquish its LEA status. The state
				superintendent may only approve such request following receipt of the charter
				schools request and the local school boards approval by April 1. Upon approval
				by the state superintendent, the local school board shall begin to serve as the
				charter schools LEA at the beginning of the following school year (July
				1).