reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-601 - State Monitoring and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE shall monitor the implementation
					 of these regulations, enforce these regulations in accordance with
					 §605 and Bulletin 1922-
Compliance
					 Monitoring Procedures,
and annually report on performance under these
					 regulations. The LDE shall:
1. monitor the
					 implementation of this part;
2.
					 make determinations annually about the performance of each LEA using the
					 categories in §604. B 1;
3.
					 enforce this Section, consistent with §605, using appropriate enforcement
					 mechanisms identified in §605. A.1 (technical assistance), §605. A.3 (conditions on funding of an LEA), §
													605. B.2.a (a corrective action plan
					 or improvement plan), §605. B.2.e (withholding funds, in whole or in part,
					 by the LDE), and §605. C.2 (with holding funds, in whole or in part, by
					 the LDE); and
4. report annually on
					 the performance of the state and of each LEA under this section, as provided in
					 §603. B.1.b and B.2.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-602 - State Performance Plans and Data Collection

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The LDE has in place a
					 performance plan that evaluates the state's efforts to implement the
					 requirements and purposes of part B of the IDEA, and describes how the state
					 will improve such implementation.
1. The LDE
					 has submitted the state's performance plan to the secretary for approval in
					 accordance with the approval process described in section 616(c) of the
					 IDEA.
2. The LDE shall review its
					 state performance plan at least once every six years, and submit any amendments
					 to the secretary.
3. As part of the
					 state performance plan, the LDE shall establish measurable and rigorous targets
					 for the indicators established by the Secretary under the priority areas
					 described in §601. D
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-603 - State Use of Targets and Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The LDE shall use the targets
					 established in the state's performance plan under
					 §602 and the
					 priority areas described in §601. D to analyze the performance of each
					 LEA.
B. Public Reporting and
					 Privacy
1. Public Report
a. Subject to Subparagraph B.1.b of this
					 Section, the LDE shall:
i. report annually to
					 the public on the performance of each LEA located in the state on the targets
					 in the state's performance plan as soon as practicable but no later than 120
					 days following the state's submission of its annual performance report to the
					 secretary under Paragraph B.2 of this Section; and
ii. make each of the following items
					 available through public means: the state's performance plan, under §602;
					 annual performance reports, under Paragraph B.2 of this Section; and the
					 state's annual reports on the performance of each LEA located in the state,
					 under Paragraph B.1.a.i of this Section. In doing so, the LDE must, at a
					 minimum, post the plan and reports on the LDE website, and distribute the plan
					 and reports to the media and through public agencies.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-604 - LDE's Review, Determination, and Enforcement regarding LEA Performance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Review.
					 The LDE shall annually review the performance of each LEA located in the state
					 based on the targets in the state's performance plan.
B. Determination
1. General. Based on the information provided
					 by the LEAs and reported in the state's annual performance report, information
					 obtained through monitoring visits, and any other public information made
					 available, the LDE shall determine if the LEA:
a. meets the requirements and purposes of
					 part B of the IDEA;
b. needs
					 assistance in implementing the requirements of part B of the IDEA;
c. needs intervention in implementing the
					 requirements of part B of the IDEA; or
d. needs substantial intervention in
					 implementing the requirements of part B of the IDEA.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-605 - State Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Needs
					 Assistance. If the LDE determines, for two consecutive years, that an LEA needs
					 assistance under §604. B.1.b in implementing the requirements of part B of
					 the IDEA, the LDE takes one or more of the following actions:
1. advises the LEA of available sources of
					 technical assistance that may help the LEA address the areas in which the LEA
					 needs assistance and requires the LEA to work with appropriate entities. Such
					 technical assistance may include:
a. the
					 provision of advice by experts to address the areas in which the LEA needs
					 assistance, including explicit plans for addressing the area for concern within
					 a specified period of time;
b.
					 assistance in identifying and implementing professional development,
					 instructional strategies, and methods of instruction that are based on
					 scientifically based research;
c.
					 designating and using distinguished superintendents, principals, special
					 education administrators, special education teachers, and other teachers to
					 provide advice, technical assistance, and support; and
d. devising additional approaches to
					 providing technical assistance, such as collaborating with institutions of
					 higher education, educational service agencies, national centers of technical
					 assistance supported under part D of the IDEA, and private providers of
					 scientifically based technical assistance.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-606 - Withholding Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Opportunity for
					 Hearing. Prior to withholding any funds under these regulations and part B of
					 the IDEA, the LDE shall provide reasonable notice and an opportunity for a
					 hearing to the public agency involved, in accordance with
					 §155 of these
					 regulations and
Bulletin 1922
-
Compliance Monitoring
					 Procedures
.
B.
					 Suspension
.
Pending the outcome of any hearing to withhold
					 payments under Subsection A of this Section, the LDE may suspend payments to a
					 recipient, suspend the authority of the recipient to obligate funds under part
					 B of the IDEA, or both, after the recipient has been given reasonable notice
					 and an opportunity to show cause why future payments or authority to obligate
					 funds under part B of the IDEA should not be suspended.
C. Nature of Withholding
1. If the LDE determines that it is
					 appropriate to withhold further payments under §605. B.2 or C.2, the LDE
					 may determine:
a. that the withholding will
					 be limited to programs or projects, or portions of programs or projects, that
					 affected the LDE's determination under §604. B 1; or
b. that the LDE will not make further
					 payments to public agencies that caused or were involved in the LDE's
					 determination under §604. B.1
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-607 - Public Attention

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the LDE
					 receives notice that the secretary is proposing to take or is taking an
					 enforcement action pursuant to §603, the LDE must, by means of a public
					 notice, take such actions as may be necessary to notify the public within the
					 state of the pendency of an action pursuant to §603, including, at a
					 minimum, by posting the notice on the LDE's website and distributing the notice
					 to the media and through public agencies.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-608 - Secretary's Review, Determination, and Enforcement regarding State Performance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 secretary's review, determination, and enforcement regarding the state's
					 performance shall be governed by
					 34
					 CFR 300.603 through 607 and 610.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter A - Monitoring, Technical Assistance, and Enforcement › Section XLIII-609 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-610 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-611 - Definitions as used in Sections 611-625

Current through Register Vol. 50, No. 6, June 20, 2024
Destruction-
physical destruction or
						removal of personal identifiers from information so that the information is no
						longer personally identifiable.
Education Records-
the type of records
						covered under the definition of "education records" in  34 CFR part 99  (the
						regulations implementing the Family Educational Rights and Privacy Act of 1974,
						20
						U.S.C. 1232 g (FERPA)).
Participating Agency
-any agency or
						institution that collects, maintains, or uses personally identifiable
						information, or from which information is obtained, under part B of the
						IDEA.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-612 - Notice to Parents

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE
					 shall give notice that is adequate to fully inform parents about the
					 requirements of §123, including:
1. a
					 description of the extent that the notice is given in the native languages of
					 the various population groups in the state;
2. a description of the students on whom
					 personally identifiable information is maintained, the types of information
					 sought, the methods the LDE intends to use in gathering the information
					 (including the sources from whom information is gathered), and the uses to be
					 made of the information;
3. a
					 summary of the policies and procedures that participating agencies shall follow
					 regarding storage, disclosure to third parties, retention, and destruction of
					 personally identifiable information; and
4. a description of all of the rights of
					 parents and students regarding this information, including the rights under
					 FERPA and implementing regulations in  34 CFR part 99.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-613 - Access Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 participating agency shall permit parents to inspect and review any education
					 records relating to their children that are collected, maintained, or used by
					 the agency under these regulations. The agency shall comply with a request
					 without unnecessary delay and before any meeting regarding an IEP, or any
					 hearing pursuant to
					 §507 or
					 §530 through
					 532, or resolution session pursuant to §510, and in no case more than 45
					 days after the request has been made.
B. The right to inspect and review education
					 records under this section includes:
1. the
					 right to a response from the participating agency to reasonable requests for
					 explanations and interpretations of the records;
2. the right to request that the agency
					 provide copies of the records containing the information if failure to provide
					 those copies would effectively prevent the parent from exercising the right to
					 inspect and review the records; and
3. the right to have a representative of the
					 parent inspect and review the records.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-614 - Record of Access

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 participating agency shall keep a record of parties obtaining access to
					 education records collected, maintained, or used under part B of the IDEA
					 (except access by parents and authorized employees of the participating
					 agency), including the name of the party, the date access was given, and the
					 purpose for which the party is authorized to use the records.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-615 - Records on More than one Student

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any education record includes
					 information on more than one student, the parents of those students have the
					 right to inspect and review only the information relating to their child or to
					 be informed of that specific information.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-616 - List of Types and Locations of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each participating agency shall provide
					 parents on request a list of the types and locations of education records
					 collected, maintained, or used by the agency.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-617 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 participating agency may charge a fee for copies of records that are made for
					 parents under these regulations if the fee does not effectively prevent the
					 parents from exercising their right to inspect and review those
					 records.
B. A participating agency
					 may not charge a fee to search for or to retrieve information under these
					 regulations.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-618 - Amendment of Records at Parent's Request

Current through Register Vol. 50, No. 6, June 20, 2024
A. A parent who believes that information in
					 the education records collected, maintained, or used under these regulations is
					 inaccurate or misleading or violates the privacy or other rights of the student
					 may request the participating agency that maintains the information to amend
					 the information.
B. The agency
					 shall decide whether to amend the information in accordance with the request
					 within a reasonable period of time of receipt of the request.
C. If the agency decides to refuse to amend
					 the information in accordance with the request, it shall inform the parent of
					 the refusal and advise the parent of the right to a hearing under §619
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-619 - Opportunity for a Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 agency shall, on request, provide an opportunity for a hearing to challenge
					 information in education records to ensure that it is not inaccurate,
					 misleading, or otherwise in violation of the privacy or other rights of the
					 student.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-620 - Result of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. If, as a
					 result of the hearing, the agency decides that the information is inaccurate,
					 misleading or otherwise in violation of the privacy or other rights of the
					 student, it shall amend the information accordingly and so inform the parent in
					 writing.
B. If, as a result of the
					 hearing, the agency decides that the information is not inaccurate, misleading,
					 or otherwise in violation of the privacy or other rights of the student, it
					 shall inform the parent of the parent's right to place in the records the
					 agency maintains on the student a statement commenting on the information or
					 setting forth any reasons for disagreeing with the decision of the
					 agency.
C. Any explanation placed
					 in the records of the student under this section shall:
1. be maintained by the agency as part of the
					 records of the student as long as the record or contested portion is maintained
					 by the agency; and
2. if the
					 records of the student or the contested portion are disclosed by the agency to
					 any party, the explanation shall also be disclosed to the party.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-621 - Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 hearing held under
					 §619 shall be
					 conducted according to the procedures in
					 34
					 CFR 99.22.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-622 - Consent

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parental consent
					 shall be obtained before personally identifiable information is disclosed to
					 parties, other than officials of participating agencies in accordance with
					 Paragraph B.1 of this Section, unless the information is contained in education
					 records, and the disclosure is authorized without parental consent under  34 CFR
					 part 99.
B.
1. Except as provided in Paragraphs B.2 and
					 B.3 of this Section, parental consent is not required before personally
					 identifiable information is released to officials of participating agencies for
					 purposes of meeting a requirement of these regulations.
2. Parental consent, or the consent of an
					 eligible student who has reached the age of majority under state law, shall be
					 obtained before personally identifiable information is released to officials of
					 participating agencies providing or paying for transition services in
					 accordance with §321. B.3
3.
					 If a student is enrolled, or is going to enroll in a private school that is not
					 located in the LEA of the parent's residence, parental consent shall be
					 obtained before any personally identifiable information about the student is
					 released between officials in the LEA where the private school is located and
					 officials in the LEA of the parent's residence.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-623 - Safeguards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 participating agency shall protect the confidentiality of personally
					 identifiable information at collection, storage, disclosure, and destruction
					 stages.
B. One official at each
					 participating agency shall assume responsibility for ensuring the
					 confidentiality of any personally identifiable information.
C. All persons collecting or using personally
					 identifiable information shall receive training or instruction regarding the
					 state's policies and procedures under
					 §123 CFR part
					 99.
D. Each participating agency
					 shall maintain, for public inspection, a current listing of the names and
					 positions of those employees within the agency who may have access to
					 personally identifiable information.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-624 - Destruction of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 public agency shall inform parents when personally identifiable information
					 collected, maintained, or used under these regulations is no longer needed to
					 provide educational services to the student.
B. The information shall be destroyed at the
					 request of the parents. However, a permanent record of a student's name,
					 address, and phone number, his or her grades, attendance record, classes
					 attended, grade level completed, and year completed may be maintained without
					 time limitation.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-625 - Student's Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE
					 shall have in effect policies and procedures regarding the extent to which
					 students are afforded rights of privacy similar to those afforded to parents,
					 taking into consideration the age of the student and type or severity of
					 disability.
B. Under the
					 regulations for FERPA in
					 34 CFR
					 99.5(a), the rights of
					 parents regarding education records are transferred to the student at age
					 18.
C. If the rights accorded to
					 parents under part B of the IDEA are transferred to a student who reaches the
					 age of majority, consistent with §520, the rights regarding educational
					 records in
					 §613 shall
					 also be transferred to the student. However, the public agency shall provide
					 any notice required under
					 section
					 615 of the IDEA to the
					 student and the parents.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-626 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE shall
					 have in effect the policies and procedures, including sanctions that the state
					 uses, to ensure that its policies and procedures consistent with
					 §611 are
					 followed and that the requirements of the IDEA and these regulations are
					 met.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-627-645 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-646 - Disproportionality

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The LDE
					 shall provide for the collection and examination of data to determine if
					 significant disproportionality based on race and ethnicity is occurring in the
					 state and the LEAs of the state with respect to:
1. the identification of students as students
					 with disabilities, including the identification of students as students with
					 disabilities in accordance with a particular impairment described in section
					 602(3) of the IDEA;
2. the
					 placement in particular educational settings of these students; and
3. the incidence, duration, and type of
					 disciplinary actions, including suspensions and expulsions.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 6 - Monitoring, Enforcement, Confidentiality, and Program Information › Subchapter B - Confidentiality of Information › Section XLIII-647-699 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 7 - Authorization, Allotment, Use of Funds, and Authorization of Appropriations › Subchapter A - Allotments, Grants, and Use of Funds › Section XLIII-701 - Grants to the State

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose of
					 Grants. The Secretary makes grants to the state to assist the state in
					 providing special education and related services to students with disabilities
					 in accordance with part B of the IDEA.
B. The secretary's allotments, grants, and
					 use of funds to the state are governed by
					 34 CFR 300.700
					 through 703, 717 and 718.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.17:1941
						et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 7 - Authorization, Allotment, Use of Funds, and Authorization of Appropriations › Subchapter A - Allotments, Grants, and Use of Funds › Section XLIII-702.-703 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 7 - Authorization, Allotment, Use of Funds, and Authorization of Appropriations › Subchapter A - Allotments, Grants, and Use of Funds › Section XLIII-706-716 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 7 - Authorization, Allotment, Use of Funds, and Authorization of Appropriations › Subchapter A - Allotments, Grants, and Use of Funds › Section XLIII-717 - Definitions Applicable to Allotments, Grants, and Use of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
					 chapter:
1.
State-
the state
					 of Louisiana; and
2.
Average Per-Pupil Expenditure in Public Elementary Schools and
					 Secondary Schools in the
United States
-
a. without regard to the source of funds:
i. the aggregate current expenditures, during
					 the second fiscal year preceding the fiscal year for which the determination is
					 made (or, if satisfactory data for that year are not available, during the most
					 recent preceding fiscal year for which satisfactory data are available) of all
					 LEAs in the 50 States and the District of Columbia); plus
ii. any direct expenditures by the state for
					 the operation of those agencies; divided by
iii. the aggregate number of students in
					 average daily attendance to whom those agencies provided free public education
					 during that preceding year.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 7 - Authorization, Allotment, Use of Funds, and Authorization of Appropriations › Subchapter A - Allotments, Grants, and Use of Funds › Section XLIII-718 - Acquisition of Equipment and Construction or Alteration of Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. If the
					 secretary determines that a program authorized under part B of the IDEA will be
					 improved by permitting program funds to be used to acquire appropriate
					 equipment, or to construct new facilities or alter existing facilities, the
					 secretary may allow the use of those funds for those purposes.
B. Compliance with Certain Regulations. Any
					 construction of new facilities or alteration of existing facilities under
					 Subsection A of this Section shall comply with the requirements of:
1. Appendix A of part 36 of title 28, Code of
					 Federal Regulations (commonly known as the Americans with Disabilities
					 Accessibility Standards for Buildings and Facilities); or
2. Appendix A of subpart 10119.6 of title 41,
					 Code of Federal Regulations (commonly known as the "Uniform Federal
					 Accessibility Standards").
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 7 - Authorization, Allotment, Use of Funds, and Authorization of Appropriations › Subchapter A - Allotments, Grants, and Use of Funds › Section XLIII-719-799 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-801 - In General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preschool
				  grants for students with disabilities are governed by  34 CFR
				  300.801-818.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.17:1941
					 et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-802 - State Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				  the purpose of administering
				  §619 of IDEA
				  (including the coordination of activities under Part B of the IDEA with, and
				  providing technical assistance to, other programs that provide services to
				  children with disabilities, the LDE may use not more than 20 percent of the
				  maximum amount the LDE may reserve under §300.812 of the IDEA for any
				  fiscal year.
B. Other State Level
				  Activities
1. The LDE may reserve a portion
				  of its allocation for other state level activities. The maximum amount that the
				  state may reserve for other state level activities is governed by
				  34 CFR
				  300.812(b)(1) and
				  (2).
2. Some portion of the funds reserved under
				  Paragraph B.1 of this Section shall be used to carry out the following
				  activities:
a. for support services
				  (including establishing and implementing the mediation process required by
				  §615(e) of IDEA);
b. for
				  direct services for children eligible for services under
				  §619 of
				  IDEA;
c. to supplement other funds
				  used to develop and implement a state-wide coordinated services system designed
				  to improve results for children and families;
d. to provide early intervention services
				  (which must include an educational component that promotes school readiness and
				  incorporates preliteracy, language, and numeracy skills) in accordance with
				  part C of the Act to children with disabilities who are eligible for services
				  under section 619 of the
				  Act and who previously received services under Part C of the Act until such
				  children enter, or are eligible under state law to enter
				  kindergarten.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-802.-818 - Reserved

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-819 - DHH and the LDE's Responsibilities under IDEA and the Louisiana Education of Children with Exceptionalities Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. The legal relationship between the
				  Louisiana Department of Health and Hospitals (DHH) and the Louisiana Department
				  of Education (LDE), shall be governed by this section and §154, for the
				  interagency coordination of the IDEA and the Louisiana Education of Children
				  with Exceptionalities Act,
				  R.S.
				  17:1941, et seq., and encompasses all
				  offices, divisions, bureaus, units, and programs at the state, regional, and
				  local levels within each department.
B. These regulations are promulgated to
				  comply with the obligations imposed upon the state of Louisiana and its
				  agencies at  20 USC §
											1412  and
				  34 CFR
				  300.154.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.17:1941
					 et seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-820 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				  of this Chapter, the following definitions apply.
1.
Educational Services-
all
				  other services, including but not limited to academic services, extracurricular
				  activities, transportation, related services for which DHH is not legally
				  responsible, and any other service included on a student's IEP but not provided
				  by DHH, through Medicaid or any other program operated by DHH, under any
				  existing state or federal law.
2.
Eligibility Criteria for DHH
				  Health and Medical Services-
the criteria for individuals receiving a
				  specific health or medical service provided by DHH.
3
Family
- the child's
				  parents or legal guardians as well as surrogate parents and persons acting as
				  parents as defined by these regulations.
4.
IEP
- Individualized
				  Education Program, as defined in §905
5.
LEA
- a local educational
				  agency, as defined in §905
6.
Related Services
- in
				  addition to the definition of these terms in IDEA and as defined in §905,
				  in the context of these regulations, the term means those services which DHH,
				  through Medicaid or any other program operated by DHH, is required by any
				  existing state or federal law to provide to a qualified recipient in the state
				  of Louisiana.
7.
Services-
any special education and/or related services as
				  defined in IDEA and in §905
8.
Student
- any individual
				  between the ages of 3 and 22 years and who is enrolled in a Louisiana Local
				  Education Agency ("LEA") or is the responsibility of the LDE and/or the
				  LEAs.
9.
Student with a
				  Disability
-as defined in §905
10.
Transition Services
-
				  transition services, as defined in §905
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-821 - Responsibility for Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order
				  to ensure that all services described in
				  §822 that are
				  needed to ensure FAPE are provided, including the provision of these services
				  during the pendency of any dispute, the following requirements are imposed on
				  LDE and DHH.
1. Agency Financial
				  Responsibility. All relevant federal and State mandates apply. LDE and DHH, as
				  obligated under federal or State law, shall use allocated federal, state and
				  local funds to provide, pay, or otherwise arrange for services on the IEP that
				  are necessary to ensure each eligible student receives a free appropriate
				  public education (FAPE) as written on the IEP. The financial responsibility for
				  these services shall be governed by all pertinent federal and State laws,
				  including but not limited to  20 U.S.C. §
												1400, et seq., 34 CFR Parts 300,
				  42 U.S.C. § 1396 CFR Part 430, LSA-R.S.
				  17:1941, et seq., and these regulations.
a. If DHH is otherwise obligated under
				  federal or state law, or assigned responsibility under DHH policy or pursuant
				  to  34 CFR §
													300.142  to provide or pay for any services that are also
				  considered special education or related services (such as, but not limited to,
				  services described in  34 CFR §
													300.6  relating to assistive technology
				  devices,  34 CFR §
													300.34  relating to related services,  34 CFR §
													300.42 relating to supplementary aids and services, and  34 CFR §
													300.43  relating
				  to transition services) that are necessary for ensuring FAPE to students with
				  disabilities within the state, DHH shall fulfill that obligation or
				  responsibility, either directly or through contract or other
				  arrangement.
b. DHH may not
				  disqualify an eligible service for Medicaid reimbursement because it is on an
				  IEP or because that service is provided in a school context or any other
				  setting that is a most integrated setting or least restrictive environment in
				  order to provide a free appropriate public education. DHH is required to
				  provide all eligible services to the same extent the individual would receive
				  these services under federal and state law and regulation without eligibility
				  for IDEA
.
c. The
				  financial responsibility of DHH shall precede the financial responsibility of
				  the LEA or the state agency responsible for developing the student's
				  IEP.
Louisiana Administrative Code › Title 28 - EDUCATION › Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act › Subpart 1 - Students with Disabilities › Chapter 8 - Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE › Section XLIII-822 - Obligations of DHH

Current through Register Vol. 50, No. 6, June 20, 2024
A. If DHH is
				  otherwise obligated under federal or state law, or assigned responsibility
				  under state policy or pursuant to
				  §819 through
				  823, to provide or pay for any services that are also considered special
				  education or related services (such as, but not limited to, services described
				  in §905 relating
				  to assistive technology devices, assistive technology services, related
				  services, supplementary aids and services, and transition services) that are
				  necessary for ensuring FAPE to students with disabilities within the state, DHH
				  shall fulfill that obligation or responsibility, either directly or through
				  contract or other arrangement.
B.
				  DHH may not disqualify an eligible service for Medicaid reimbursement because
				  that service is provided in a school context.
C. If DHH fails to provide or pay for the
				  special education and related services described in paragraph A of this
				  section, the LEA (or state agency responsible for developing the student's IEP)
				  shall provide or pay for these services to the student in a timely manner. The
				  LEA or State agency may then claim reimbursement for the services from DHH,
				  having failed to provide or pay for these services, and DHH shall reimburse the
				  LEA or State agency in accordance with these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.17:1941
					 et seq.