Chapter XLIII

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 progr…

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…

A. The Division of Special Populations is authorized to establish a system of monitoring, complaint management and investigatory provisions of these regulations. B. The Division of Special Populations shall monitor in accordance with the procedures established through a self-stud…

A. If outstanding deficiencies occur and remain, the LDE will refer and recommend corrective action to BESE. Notes La. Admin. Code tit. 28 , § XLIII-1603 Promulgated by the Board of Elementary and Secondary Education, LR 26:1577 (August 2000)., amended LR 36:2026 (September 2010)…

Refer to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232 g; 34 CFR part 99 ). Notes La. Admin. Code tit. 28 , § XLIII-1604 Promulgated by the Board of Elementary and Secondary Education, LR 36:2026 (September 2010). AUTHORITY NOTE: Promulgated in accordanc…

A. Funds paid to the state under these regulations shall be administered in accordance with 34 CFR 300.162 through 164 and 300.166 . Notes La. Admin. Code tit. 28 , § XLIII-162 Promulgated by the Board of Elementary and Secondary Education, LR 34:2051 (October 2008). AUTHORITY NO…

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 availabl…

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. Notes La. Admin. Code tit. 28 , § XLIII-167 Promulgated by the …

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…

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…

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…

A. The division, in concert with other divisions within the department, shall ensure the proper receipt and disbursement of all state and federal funds administered by the department specifically for the provision of special education and related services for gifted and talented …

A. The department shall prepare and submit to the state board for review and approval for the next fiscal year a comprehensive budget that at a minimum proposes the appropriations by the Louisiana Legislature of whatever state funds are needed by the department, special school di…

A. Each LEA requesting state or federal funds administered by the department shall do so according to the procedures established by the department. Notes La. Admin. Code tit. 28 , § XLIII-1703 Promulgated by the Board of Elementary and Secondary Education, LR 36:2026 (September 2…

A. In order to receive a grant in any fiscal year, the LDE shall comply with 34 CFR § 300.171 Notes La. Admin. Code tit. 28 , § XLIII-171 Promulgated by the Board of Elementary and Secondary Education, LR 34:2052 (October 2008). AUTHORITY NOTE: Promulgated in accordance with R.S.…

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 af…

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 w…

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 a…

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 age…

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 Notes La. Admin. Code tit. 28 , § XLIII-190 Promulgated by the Board of Elementary and Secondary Educat…

A. The terms defined in §1902-1999 of this Chapter are used throughout these regulations. Unless expressly provided to the contrary, each term used in these regulations shall have the meaning established by this Chapter. Notes La. Admin. Code tit. 28 , § XLIII-1901 Promulgated by…

A. DSS-state Department of Social Services. B. DHH-state Department of Health and Hospitals. C. DPS and C-state Department of Public Safety and Corrections. D. FAPE-free appropriate public education. E. FERPA-Family Educational Records and Privacy Act of 1974. F. G/T-gifted and/o…

A. The Act -Sections 1941 of Chapter 8 of Title 17 of Louisiana Statutes of 1950, as amended. B. The Department -the State Department of Education (LDE). C. The Division -the Division of Special Populations of the Louisiana Department of Education. D. The State -the state of Loui…

Age of Majority- eighteen years of age. At No Cost- all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to regular education students or their parents as a part of the regular educational program. Business…

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 …

A. In providing services to all identified exceptional students, the number of students in each instructional setting shall not exceed the following numbers. Setting Preschool Elementary Secondary Self-Contained 25 27 Resource Center 55 55 Resource Departmentalized or Self-Contai…

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 Notes La. Admin. Code tit. 28 , § XLIII-201 Promulgated by the Board of Elementary an…

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 r…

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, co…

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 …

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,…

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 …

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…

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. Notes La. Admin. Code tit. 28 , § XLIII-208 Pro…

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 a…

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, w…

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 …

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 un…

A. The LEA shall make available to parents of students with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the IDEA. Notes La. Admin. Code tit. 28 , § XLIII-213 Promulgated by the Board of Elementary and Secondary Ed…

A. The LEA shall cooperate in the secretary's efforts under Section 1308 of the ESEA to ensure the linkage of records pertaining to migratory students with disabilities for the purpose of electronically exchanging, among the states, health and educational information regarding th…

A. General. If the LEA or a state agency described in §300.228 has on file with the SEA policies and procedures that demonstrate that the LEA or state agency meets any requirement of §300. 200, including any policies and procedures filed under Part B of the IDEA as in effect befo…

A. If the LDE determines that the LEA or state agency is not eligible under Part B of the IDEA, then the LDE shall: 1. notify the LEA or state agency of that determination; and 2. provide the LEA or state agency with reasonable notice and an opportunity for a hearing. Notes La. A…

A. General. If the LDE, after reasonable notice and an opportunity for a hearing, finds that the LEA or state agency that has been determined to be eligible under this Chapter is failing to comply with any requirement described in § 202 through 214, the LDE shall reduce or shall …

A. General. The LDE may require the LEA to establish its eligibility jointly with another LEA if the LDE determines that the LEA will be ineligible under this Chapter because the agency will not be able to establish and maintain programs of sufficient size and scope to effectivel…

A. Requirements for LEAs in General . LEAs that establish joint eligibility under this Section shall: 1. adopt policies and procedures that are consistent with the state's policies and procedures under § 102 and § 165 through 174; and 2. be jointly responsible for implementing pr…

A. General. An LEA may not use more than 15 percent of the amount the LEA receives under Part B of the IDEA for any fiscal year, less any amount reduced by the LEA pursuant to §205, if any, in combination with other amounts (which may include amounts other than education funds), …

A. General 1. The LDE shall use the payments that would otherwise have been available to an LEA or to a state agency to provide special education and related services directly to students with disabilities residing in the area served by that LEA, or for whom that state agency is …

A. Any state agency that desires to receive a subgrant for any fiscal year under § 705 shall demonstrate to the satisfaction of the LDE that: 1. all students with disabilities who are participating in programs and projects funded under Part B of the IDEA receive FAPE, and that th…

A. The LEA shall include in the records of a student with a disability, the state required forms listing suspensions or expulsions in the current or previous school year that have been taken against the student, and transmit the forms to the same extent that the disciplinary info…

A. In providing services to all identified students with disabilities, the number of students in each instructional setting shall not exceed the following numbers. 1. Self-Contained Classrooms Self-Contained Classrooms Preschool Elementary Secondary Autism 4 4 4 Blindness 7 9 9 D…