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 1 - State Eligibility › Subchapter G - Students with Disabilities in Private Schools Placed or Referred by Public Agencies › Section XLIII-146 - Responsibility of the LDE

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE
					 shall ensure that a student with a disability who is placed in or referred to a
					 private school or facility by a public agency:
1. is provided special education and related
					 services:
a. in conformance with an IEP that
					 meets the requirements of
					 §320 through
					 325; and
b. at no cost to the
					 parents;
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 1 - State Eligibility › Subchapter G - Students with Disabilities in Private Schools Placed or Referred by Public Agencies › Section XLIII-147 - Implementation by the LDE

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
					 implementing §146, the LDE shall:
1.
					 monitor compliance through procedures such as written reports, on-site visits,
					 and parent questionnaires;
2.
					 disseminate copies of applicable standards to each private school and facility
					 to which a public agency has referred or placed a student with a disability;
					 and
3. provide an opportunity for
					 those private schools and facilities to participate in the development and
					 revision of State standards that apply to them.
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 1 - State Eligibility › Subchapter H - Students with Disabilities Enrolled by their Parents in Private Schools when FAPE is an Issue › Section XLIII-148 - Placement of Students by Parents when FAPE is at Issue

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. These regulations do not require
					 an LEA to pay for the cost of the education, including special education and
					 related services, of a student with a disability at a private school or
					 facility if that agency made a FAPE available to the student, and the parents
					 elected to place the student in a private school or facility. However, the
					 public agency shall include that student in the population whose needs are
					 addressed consistent with §131
B. Disagreements about FAPE. Disagreements
					 between the parents and a public agency regarding the availability of a program
					 appropriate for the student, and the question of financial reimbursement, are
					 subject to the due process procedures in §505
C. Reimbursement for Private School
					 Placement. If the parents of a student with a disability, who previously
					 received special education and related services under the authority of a public
					 agency, enroll the student in a private preschool, elementary school, or
					 secondary school without the consent of or referral by the public agency, a
					 court or a hearing officer may require the agency to reimburse the parents for
					 the cost of that enrollment if the court or hearing officer finds that the
					 agency had not made FAPE available to the student in a timely manner prior to
					 that enrollment and that the private placement is appropriate. A parental
					 placement may be found to be appropriate by a hearing officer or a court even
					 if the placement does not meet the state standards that apply to education
					 provided by the LEAs and the LDE.
D. Limitation on Reimbursement. The cost of
					 reimbursement described in Subsection C of this Section may be reduced or
					 denied:
1. if:
a. at the most recent IEP Team meeting that
					 the parents attended prior to removal of the student from the public agency,
					 the parents did not inform the IEP Team that they were rejecting the placement
					 proposed by the public agency to provide FAPE to the student, including stating
					 their concerns and their intent to enroll their child in a private school at
					 public expense; or
b. at least 10
					 business days (including any holidays that occur on a business day) prior to
					 the removal of the student from the public school, the parents did not give
					 written notice to the public agency of the information described in
					 Subparagraph D.1.a of this Section;
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 1 - State Eligibility › Subchapter I - LDE Responsibilities for General Supervision and Implementation of Procedural Safeguards › Section XLIII-149 - LDE Responsibility for General Supervision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE shall ensure:
1. that all requirements under these
					 regulations are carried out; and
2.
					 that each educational program for students with disabilities administered
					 within the state, including each program administered by any other state or
					 local agency (but not including elementary schools and secondary schools for
					 Indian students operated or funded by the Secretary of the Interior):
a. is under the general supervision of the
					 persons responsible for educational programs for students with disabilities in
					 the state; and
b. meets the
					 educational standards of the LDE (including the requirements of these
					 regulations);
3. in
					 carrying out these regulations with respect to homeless children, the
					 requirements of Subtitle B of Title VII of the McKinney-Vento Homeless
					 Assistance Act (42 U.S.C.
					 11431 et seq
.
) are
					 met.
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 1 - State Eligibility › Subchapter I - LDE Responsibilities for General Supervision and Implementation of Procedural Safeguards › Section XLIII-150 - LDE Implementation of Procedural Safeguards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDE (and any agency assigned
					 responsibility pursuant to §149. D) shall have in effect procedures to
					 inform each public agency of its responsibility for ensuring effective
					 implementation of procedural safeguards for the students with disabilities
					 served by that public 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 1 - State Eligibility › Subchapter J - State Complaint Procedures › Section XLIII-151 - Adoption of State Complaint Procedures and Early Resolution Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The LDE
					 adopts written procedures herein and in
Bulletin 1573
					 -
Complaint Management Procedures,
for:
1. the purpose of resolving any complaint
					 alleging that a public agency has violated a requirement of Part B of the Act,
					 including a complaint filed by an organization or individual from another
					 state, that meets the requirements of
					 §151 by
					 providing:
a. for the implementation of an
					 early resolution process (ERP); and/or
b. the filing of a formal written complaint
					 with the LDE.
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 1 - State Eligibility › Subchapter J - State Complaint Procedures › Section XLIII-152 - Formal Written Complaints Filing and Content Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. An organization
					 or individual, including those from another state, may file a signed written
					 complaint under the procedures described in §151
B. The complaint shall include:
1. a statement that a public agency has
					 violated a requirement of Part B of the IDEA or these regulations;
2. the facts on which the statement is
					 based;
3. the signature and contact
					 information for the complainant; and
4. if alleging violations with respect to a
					 specific student:
a. the name and address of
					 the residence of the student;
b.
					 the name of the school the student is attending;
c. in the case of a homeless child or youth
					 (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance
					 Act (42 U.S.C.
					 11434 a(2)), available contact information
					 for the student, and the name of the school the student is attending;
5. a description of the nature of
					 the problem of the student, including facts relating to the problem;
					 and
6. a proposed resolution of the
					 problem to the extent known and available to the party at the time the
					 complaint is filed.
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 1 - State Eligibility › Subchapter J - State Complaint Procedures › Section XLIII-153 - Formal Written Complaint Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Time Limit; Minimum Procedures. The time
					 limits in this Section commence after LDE receives a signed written complaint
					 filed in accordance with
					 §152 of this
					 Chapter. The LDE will refer the complaint to the LEA superintendent, special
					 education director/supervisor, or ERP representative in accordance with
					 §151 of this
					 Chapter.
1. The LDE shall:
a. not commence investigation of a formal
					 written complaint until after the expiration of the 15-day early resolution
					 period described in
					 §151 of this
					 Chapter; but
b. shall complete its
					 investigation of unresolved allegations and issue a decision within 45 days
					 after the expiration of the early resolution period in accordance with the
					 procedures contained in this Section.
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 1 - State Eligibility › Subchapter K - Methods of Ensuring Services › Section XLIII-154 - Methods of Ensuring Services

Current through Register Vol. 50, No. 6, June 20, 2024
A
.
Establishing Responsibility for Services
.
The governor of Louisiana or the designee of the governor shall ensure that an
					 interagency agreement or other mechanism for interagency coordination is in
					 effect between each non-educational public agency described in Subsection B of
					 this Section and the LDE, in order to ensure that all services described in
					 Subsection B of this Section that are needed to ensure FAPE are provided,
					 including the provision of these services during the pendency of any dispute
					 under Paragraph A.3 of this Section. The agreement or mechanism shall include
					 the following:
1. an identification of, or a
					 method for defining, the financial responsibility of each agency for providing
					 services described in Paragraph B.1 of this Section to ensure FAPE to students
					 with disabilities. The financial responsibility of each non-educational public
					 agency described in Subsection B of this Section, including the state Medicaid
					 agency and other public insurers of students with disabilities, shall precede
					 the financial responsibility of the LEA (or the state agency responsible for
					 developing the student's IEP);
2.
					 the conditions, terms, and procedures under which an LEA shall be reimbursed by
					 other agencies;
3. procedures for
					 resolving interagency disputes (including procedures under which LEAs may
					 initiate proceedings) under the agreement or other mechanism to secure
					 reimbursement from other agencies or otherwise implement the provisions of the
					 agreement or mechanism;
4. policies
					 and procedures for agencies to determine and identify the interagency
					 coordination responsibilities of each agency to promote the coordination and
					 timely and appropriate delivery of services described in Paragraph B.1 of this
					 Section.
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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-155 - Hearings Relating to LEA Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state board shall provide a reasonable
					 notice and an opportunity for a hearing according to procedures set out in
					 Education Division General Administrative Regulations (EDGAR) at  34 CFR 76.401d
					  before the LDE determines any LEA is ineligible for assistance under Part B of
					 the IDEA or before the LDE finds that an LEA is failing to comply with any
					 requirements of the application. (different or exceeds).
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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-156 - Personnel Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General. The LDE shall establish and maintain qualifications through
Bulletin 746
-
Louisiana Standards for State
					 Certification of School Personnel
, to ensure that personnel necessary
					 to carry out the purposes of these regulations are appropriately and adequately
					 prepared and trained, including that those personnel have the content knowledge
					 and skills to serve students with disabilities.
B. Related Services Personnel and
					 Paraprofessionals. The qualifications under Subsection A of this Section, found
					 in
Bulletin 746
-
Louisiana Standards for State
					 Certification of School Personnel
, include qualifications for related
					 services personnel and paraprofessionals.
C. Qualifications for Special Education
					 Teachers. The qualifications described in Subsection A of this Section shall
					 ensure that each person employed as a public school special education teacher
					 in the state who teaches in an elementary school, middle school, or secondary
					 school is highly qualified as a special education teacher by the deadline
					 established in Section 1119(a)(2) of the ESEA.
D. Policy. The LDE's required policy for
					 ensuring that LEAs in the state take measurable steps to recruit, hire, train,
					 and retain highly qualified personnel to provide special education and related
					 services under these regulations to students with disabilities is established
					 in
Bulletin 741-
Louisiana Handbook for School
					 Administrators.
E. Rule of
					 Construction. Notwithstanding any other individual right of action that a
					 parent or student may maintain under these regulations, nothing in these
					 regulations shall be construed to create a right of action on behalf of an
					 individual student or a class of students for the failure of a particular LDE
					 employee or LEA employee to be highly qualified, or to prevent a parent from
					 filing a complaint about staff qualifications with the LDE as provided for
					 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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-157 - Performance Goals and Indicators

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The LDE shall have in effect goals for the performance of students with
					 disabilities in the state that:
1. promote
					 the purposes of these regulations as stated in §901;
2. are the same as the state's objectives for
					 progress by students in its definition of adequate yearly progress, including
					 the state's objectives for progress by students with disabilities, under
					 Section 1111(b)(2)(c) of the ESEA,
					 20
					 U.S.C. 6311;
3. address graduation rates and dropout
					 rates, as well as such other factors as the state may determine; and
4. are consistent, to the extent appropriate,
					 with any other goals and academic standards for students established by the
					 state.
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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-158-159 - 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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-160 - Participation in Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General. The LDE shall ensure that all students with disabilities are included
					 in all general state and district-wide assessment programs, including
					 assessments described under Section 1111 of the ESEA,
					 20
					 U.S.C. 6311, with appropriate accommodations
					 and alternate assessments, if necessary, as indicated in their respective
					 IEPs.
B. Accommodation Guidelines
1. The LDE's guidelines for providing
					 appropriate accommodations are established in Bulletin 118
Statewide
					 Assessment Standards and Practices
, for the provision of appropriate
					 accommodations. In case of district-wide assessment programs, the LEA shall
					 establish those guidelines.
2. The
					 LDE's (or, in the case of a district-wide assessment, the LEA's) guidelines
					 shall:
a. identify only those accommodations
					 for each assessment that do not invalidate the score; and
b. instruct IEP Teams to select, for each
					 assessment, only those accommodations that do not invalidate the
					 score.
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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-161 - 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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-162 - Supplementation of State, Local, and other Federal Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Funds paid to the state under these
					 regulations shall be administered in accordance with
					 34 CFR
					 300.162 through 164 and
					 300.166.
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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-163-164 - 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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-165 - Public Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
					 the adoption of any policies and procedures needed to comply with Part B of the
					 IDEA (including any amendments to those policies and procedures), the LDE shall
					 ensure that there are public hearings, adequate notice of the hearings, and
					 opportunity for comment available to the general public, including individuals
					 with disabilities and parents of students with disabilities by one or more of
					 the following methods:
1. receiving input
					 from the State Advisory Panel regarding proposed changes in policies and
					 procedures;
2. submitting proposed
					 revisions of policies and procedures to the State Board of Elementary and
					 Secondary Education for advertisement, and as appropriate, as a Notice of
					 Intent in the
Louisiana Register
;
3. publishing through one of the following
					 media: newspapers, the LDE's official website, libraries, school board offices
					 the timetable for final approval, the procedures for submitting written
					 comments, and a list of the dates, times and places of public meetings to be
					 held;
4. distributing to interested
					 parties, and posting the policies and procedures on the LDE's official internet
					 website for public comment.
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 1 - State Eligibility › Subchapter L - Additional Eligibility Requirements › Section XLIII-166 - 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 1 - State Eligibility › Subchapter M - State Advisory Panel › Section XLIII-167 - State Advisory Panel (State Special Education Advisory Panel)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The advisory
					 panel is established and shall be maintained by the LDE for the purpose of
					 providing policy guidance with respect to special education and related
					 services for students with disabilities in the state.
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 1 - State Eligibility › Subchapter M - State Advisory Panel › Section XLIII-168 - Membership

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The
					 advisory panel shall consist of members appointed by the state board or state
					 superintendent, shall be representative of the state population, and shall be
					 composed of individuals involved in or concerned with the education of students
					 with disabilities, including:
1. parents of
					 children with disabilities (ages birth through 26);
2. individuals with disabilities;
3. teachers;
4. representatives of institutions of higher
					 education that prepare special education and related service
					 personnel;
5. state and local
					 education officials, including officials who carry out activities under the
					 McKinney-Vento Homeless Assistance Act;
6. administrators of programs for students
					 with disabilities;
7.
					 representatives of other state agencies involved in the financing or delivery
					 of related services to students with disabilities;
8. representatives of private schools and
					 public charter schools;
9. not less
					 than one representative of a vocational, community, or business organization
					 concerned with the provision of transition services to students with
					 disabilities;
10. a representative
					 from the state child welfare agency responsible for foster care; and
11. representatives from the state juvenile
					 and adult corrections 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 1 - State Eligibility › Subchapter M - State Advisory Panel › Section XLIII-169 - Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The advisory
					 panel shall perform the following prescribed duties in matters concerning the
					 education of students with disabilities:
1.
					 advise the LDE of unmet needs within the state in the education of students
					 with disabilities;
2. comment
					 publicly on any rules or regulations proposed by the state regarding the
					 education of students with disabilities;
3. advise the LDE in developing evaluations
					 and reporting on data to the secretary under
					 section
					 618 of the IDEA;
4. advise the LDE in developing corrective
					 action plans to address findings identified in federal monitoring reports under
					 Part B of the IDEA; and
5. advise
					 the state board and the LDE in developing and implementing policies related to
					 the coordination of services for students with disabilities.
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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-170 - Suspension and Expulsion Rates

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General. The LDE shall examine data, including data disaggregated by race and
					 ethnicity, to determine if significant discrepancies are occurring in the rate
					 of long-term suspensions and expulsions of students with disabilities:
1. among the LEAs in the state; or
2. compared to the rates for non-disabled
					 students within those 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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-171 - Annual Description of Use of Part B Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to receive a grant in any fiscal
					 year, the LDE shall comply with  34 CFR §
												300.171
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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-172 - Access to Instructional Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The LDE adopted the National
					 Instructional Materials Accessibility Standard (NIMAS), published as Appendix C
					 to Part 300 of the IDEA, for the purposes of providing instructional materials
					 to blind persons or other persons with print disabilities, in a timely manner
					 after publication of the NIMAS in the
Federal Register
on July
					 19, 2006 (71 FR 41084) and consistent with
Bulletin
					 1794
-
The State Textbook Adoption Policies and Procedures
					 Manual
.
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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-173 - Overidentification and Disproportionality

Current through Register Vol. 50, No. 6, June 20, 2024
A. Consistent with the purposes of these
					 regulations and with Section 618(d) of the IDEA, the LDE establishes the
					 following policies and procedures to prevent the inappropriate
					 over-identification or disproportionate representation by race and ethnicity of
					 students as students with disabilities, including students with disabilities
					 with a particular impairment as defined in §905
1. The LDE shall annually collect and analyze
					 data described in Subsecction A above.
2. When data described in Subsection A. above
					 indicate overidentification or disproportionate identification, the LDE shall
					 review the policies, procedures, and practices of the LDE or the affected
					 LEA.
3. When the review indicates
					 inappropriate identification, the LDE shall require the revision of the LDE's
					 or the affected LEA's policies, procedures, and practices to ensure compliance
					 with these regulations.
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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-174 - Prohibition on Mandatory Medication

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. LDE and LEA personnel shall not
					 require a student to obtain a prescription for substances identified under
					 schedules I, II, III, IV, or V in Section 202(c) of the Controlled Substance
					 Act (21 U.S.C.
					 812(c))  for a child as a
					 condition of attending school, receiving an evaluation under
					 §301 through
					 308, or receiving services under these regulations.
B. Rule of Construction. Nothing in
					 Subsection A of this Section shall be construed to create a prohibition against
					 teachers and other school personnel consulting or sharing classroom-based
					 observations with parents or guardians regarding a student's academic and
					 functional performance, or behavior in the classroom or school, or regarding
					 the need for evaluation for
special education
or
related services
as defined in
					 §905 (related
					 to Child Find).
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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-175 - The LDE as Provider of FAPE or Direct Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the LDE provides FAPE to students with
					 disabilities, or provides direct services to these students, the agency:
1. shall comply with any additional
					 requirements of
					 §202 and
					 §207 as if
					 the agency were an LEA; and
2.
					 shall use amounts that are otherwise available to the agency under Part B of
					 the IDEA to serve those students without regard to §203. B (relating to
					 excess costs).
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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-176-189 - 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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-190 - By-Pass for Students in Private Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. Procedures governing the determination by
					 the secretary to implement a by-pass for the state, an LEA, or other public
					 agency are governed in accordance with  34 CFR §
												300.190
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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-191.-198 - 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 1 - State Eligibility › Subchapter N - Other Provisions Required for State Eligibility › Section XLIII-199 - State Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Rulemaking. The LDE, when receiving funds under part B of IDEA, shall:
1. ensure that any state rules, regulations,
					 and policies relating to these regulations conform to the purposes of these
					 regulations;
2. identify in writing
					 to local education agencies and the secretary of the U.S. Department of
					 Education any rule, regulation, or policy as a state-imposed requirement that
					 is not required by Part B of IDEA and  34 CFR §
													300.1  et seq.; and
3. minimize the number of rules, regulations,
					 and polices to which the local education agencies and schools located in the
					 state are subject under 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 2 - Local Educational Agency Eligibility › Section XLIII-201 - Condition of Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. An LEA
				  is eligible for assistance under Part B of the IDEA for a fiscal year if the
				  agency submits a plan that provides assurances to the LDE that the LEA meets
				  each of the conditions in §202
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 2 - Local Educational Agency Eligibility › Section XLIII-202 - Consistency with State Policies

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The LEA, in providing for the education of students with disabilities within
				  its jurisdiction, shall have in effect policies, procedures, and programs that
				  are consistent with the state's policies and procedures established under
				  §101 through
				  162, and §165
B. In meeting
				  the requirements in Subsection A of this Section, the LEA may provide special
				  education and related services through cooperative agreements with other LEAs,
				  by contract, or through other arrangements.
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 2 - Local Educational Agency Eligibility › Section XLIII-203 - Use of Amounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				  Amounts provided to the LEA under Part B of the IDEA:
1. shall be expended in accordance with
				  applicable provisions of these regulations;
2. shall be used only to pay the excess cost
				  of providing special education and related services to students with
				  disabilities, consistent with Subsection B of this Section; and
3. shall be used to supplement state, local,
				  and other federal funds and not to supplant those funds.
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 2 - Local Educational Agency Eligibility › Section XLIII-204 - Maintenance of Effort

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				  Except as provided in
				  §205 and 206,
				  funds provided to an LEA under Part B of the IDEA shall not be used to reduce
				  the level of expenditures for the education of students with disabilities made
				  by the LEA from local funds below the level of those expenditures for the
				  preceding fiscal year.
B. Standard
1. Except as provided in Subparagraph B.2 of
				  this Section, the LDE shall determine that an LEA complies with Subsection A of
				  this Section for purposes of establishing the LEA's eligibility for an award
				  for a fiscal year if the LEA budgets, for the education of students with
				  disabilities, at least the same total or per capita amount from either of the
				  following sources as the LEA spent for that purpose from the same source for
				  the most recent prior year for which information is available:
a. local funds only.
b. the combination of state and local
				  funds.
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 2 - Local Educational Agency Eligibility › Section XLIII-205 - Exception to Maintenance of Effort

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding the restriction in
				  §204 A, an LEA may reduce the level of expenditures by the LEA under part
				  B of the IDEA below the level of those expenditures for the preceding fiscal
				  year if the reduction is attributable to any of the following:
1. the voluntary departure, by retirement or
				  otherwise, or departure for just cause, of special education or related
				  services personnel;
2. a decrease
				  in the enrollment of students with disabilities;
3. the termination of the obligation of the
				  agency, consistent with these regulations, to provide a program of special
				  education to a particular student with a disability that is an exceptionally
				  costly program, as determined by the LDE, because the student:
a. has left the jurisdiction of the
				  agency;
b. has reached the age at
				  which the obligation of the agency to provide FAPE to the student has
				  terminated; or
c. no longer needs
				  the program of special education.
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 2 - Local Educational Agency Eligibility › Section XLIII-206 - Adjustment to Local Fiscal Efforts in Certain Fiscal Years

Current through Register Vol. 50, No. 6, June 20, 2024
A. Amounts in
				  Excess. Notwithstanding §203. A.2 and B and §204 A, and except as
				  provided in Subsection D of this Section and
				  34 CFR
				  300.230(e)(2), for any
				  fiscal year for which the allocation received by an LEA under
				  §705 exceeds
				  the amount the LEA received for the previous fiscal year, the LEA may reduce
				  the level of expenditures otherwise required by §204. A by not more than
				  50 percent of the amount of that excess.
B. Use of Amounts to Carry Out Activities
				  under ESEA
.
If an LEA exercises the authority under Subsection
				  A of this Section, the LEA shall use an amount of local funds equal to the
				  reduction in expenditures under Subsection A of this Section to carry out
				  activities that could be supported with funds under the ESEA regardless of
				  whether the LEA is using funds under the ESEA for those activities.
C. State Prohibition. Notwithstanding
				  Subsection A of this Section, if the LDE determines that an LEA is unable to
				  establish and maintain programs of FAPE that meet the requirement of Section
				  613(a) of the IDEA and these regulations or the LDE has taken action against
				  the LEA under
				  Section
				  616 of the IDEA and Chapter
				  Six of these regulations, the LDE shall prohibit the LEA from reducing the
				  level of expenditure under Subsection A of this Section for that fiscal
				  year.
D. Special Rule. The amount
				  of funds expended by the LEA for early intervening services under
				  §226 shall
				  count toward the maximum amount of expenditure that the LEA may reduce under
				  Paragraph 1 of this Section.
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 2 - Local Educational Agency Eligibility › Section XLIII-207 - School-wide Programs under Title I of the ESEA

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Notwithstanding the provisions of
				  §203 or any
				  other provision of Part B of the Act, an LEA may use funds received under Part
				  B of the IDEA for any fiscal year to carry out a school-wide program under
				  Section 1114 of the ESEA, except that the amount used in any school-wide
				  program may not exceed:
1.
a. the amount received by the LEA under Part
				  B of the Act for that fiscal year; divided by
b. the number of students with disabilities
				  in the jurisdiction of the LEA; and multiplied by
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 2 - Local Educational Agency Eligibility › Section XLIII-208 - Personnel Development

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LEA
				  shall ensure that all personnel necessary to carry out Part B of the IDEA are
				  appropriately and adequately prepared, subject to the requirements of
				  §156 (related
				  to personnel qualifications) and Section 2122 of the ESEA.
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 2 - Local Educational Agency Eligibility › Section XLIII-209 - Permissive Use of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Uses
.
Notwithstanding
				  §203 A, and
				  162.B, funds provided to an LEA under Part B of the IDEA may be used for the
				  following activities:
1. services and aids
				  that also benefit non-disabled student f or the costs of special education and
				  related services, and supplementary aids and services, provided in a regular
				  class or other education-related setting to a student with a disability in
				  accordance with the IEP of the student, even if one or more non-disabled
				  students benefit from these services;
2. early intervening services t o develop and
				  implement coordinated, early intervening educational services in accordance
				  with §226;
3. high cost
				  special education and related services to establish and implement cost or risk
				  sharing funds, consortia, or cooperatives for the LEA itself, or for LEAs
				  working in a consortium of which the LEA is a part, to pay for high cost
				  special education and related services.
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 2 - Local Educational Agency Eligibility › Section XLIII-210 - Treatment of Charter Schools and their Students

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rights of Students with Disabilities.
				  Students with disabilities who attend public charter schools and their parents
				  retain all rights under these regulations.
B. Charter schools that are public schools of
				  the LEA
1. In carrying out Part B of the
				  IDEA, and these regulations, with respect to charter schools that are public
				  schools of the LEA, the LEA shall:
a. serve
				  students with disabilities attending those charter schools in the same manner
				  as it serves students with disabilities in its other schools, including
				  providing supplementary and related services on site at the charter school to
				  the same extent to which the LEA has a policy or practice of providing such
				  services on the site of its other public schools; and
b. provide funds under Part B of the IDEA to
				  those charter schools:
i. on the same basis
				  as the LEA provides funds to the LEA's other public schools, including
				  proportional distribution based on relative enrollment of students with
				  disabilities; and
ii. at the same
				  time as the LEA distributes other federal funds to the LEA's other public
				  schools, consistent with the state's charter school law.
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 2 - Local Educational Agency Eligibility › Section XLIII-211 - Purchase of Instructional Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
.
Each LEA that
				  chooses to coordinate with the National Instructional Materials Access Center
				  (NIMAC), when purchasing print instructional materials, shall acquire those
				  instructional materials in the same manner, and subject to the same conditions
				  as the LDE in these regulations at §172, as found in
Bulletin
				  1794-
The State Textbook Adoption Policies and Procedures
				  Manual.
B. Rights of LEA
1. Nothing in this Section shall be construed
				  to require an LEA to coordinate with the NIMAC.
2. If an LEA chooses not to coordinate with
				  the NIMAC, the LEA shall provide an assurance to the LDE that the LEA will
				  provide instructional materials to blind persons or other persons with print
				  disabilities in a timely manner.
3.
				  Nothing in this Section relieves an LEA of its responsibility to ensure that
				  students with disabilities who need instructional materials in accessible
				  formats but are not included under the definition of blind or other persons
				  with print disabilities in
				  34 CFR
				  300.172(e)(1)(i) or who need
				  materials that cannot be produced from NIMAS files, receive those instructional
				  materials in a timely manner as described in
Bulletin
				  1794
-
The State Textbook Adoption Policies and Procedures
				  Manual
.
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 2 - Local Educational Agency Eligibility › Section XLIII-212 - Information for SEA

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LEA
				  shall provide the LDE with information necessary to enable the LDE to carry out
				  its duties under Part B of the IDEA including, with respect to
				  §157 and
				  §160, information relating to the performance of students with
				  disabilities participating in programs carried out under Part B of the
				  IDEA.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.17:1941
					 et seq.