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I.EXECUTIVE ORDERS - page 106 / 359

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2.the student has been evaluated in accordance with §§301 through 312 and determined to not be a student with a disability under the IDEA.

D.Conditions that Apply if no Basis of Knowledge

1.If a public agency does not have knowledge that a student is a student with a disability (in accordance with Subsections B and C of this Section) prior to taking disciplinary measures against the student, the student may be subjected to the disciplinary measures applied to students without disabilities who engage in comparable behaviors consistent with Paragraph D.2 of this Section.
2.a.If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures under §530, the evaluation shall be conducted in an expedited manner.
b.Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
c.If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with the IDEA, including the requirements of §§530 through 536 and section 612(a)(1)(A) of the IDEA.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2078 (October 2008).

§535.Referral to and Action by Law Enforcement and Judicial Authorities

A.Rule of Construction. Nothing in these regulations prohibits an agency from reporting a crime committed by a student with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability.

B.Transmittal of Records

1.An agency reporting a crime committed by a student with a disability shall ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.
2.An agency reporting a crime under this section may transmit copies of the student’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2079 (October 2008).

§536.Change of Placement because of Disciplinary Removals

A.For purposes of removals of a student with a disability from the student’s current educational placement under §§530 through 535, a change of placement occurs if:

1.the removal is for more than 10 consecutive school days; or
2.the student has been subjected to a series of removals that constitute a pattern:
a.because the series of removals total more than 10 school days in a school year;
b.because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and
c.because of such additional factors as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another.

B.1.The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.

2.This determination is subject to review through due process and judicial proceedings.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2079 (October 2008).

§537.State Enforcement Mechanisms

A.Notwithstanding §§506.B.7 and 510.D.2, which provide for judicial enforcement of a written agreement reached as a result of mediation or a resolution meeting, there is nothing in these regulations that would prevent the LDE from using other mechanisms to seek enforcement of that agreement, provided that use of those mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a state court of competent jurisdiction or in a district court of the United States.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2079 (October 2008).

§§538-599.Reserved.

Chapter 6.Monitoring, Enforcement, Confidentiality, and Program Information

Subchapter A.Monitoring, Technical Assistance, and Enforcement

§601.State Monitoring and Enforcement

A.The LDE shall monitor the implementation of these regulations, enforce these regulations in accordance with §605 and Bulletin 1922Compliance Monitoring Procedures, and annually report on performance under these regulations.

B.The primary focus of the LDE’s monitoring activities shall be on:

1.improving educational results and functional outcomes for all students with disabilities; and
2.ensuring that public agencies meet the program requirements under part B of the IDEA, with a particular emphasis on those requirements that are most closely related to improving educational results for students with disabilities.

C.As a part of its responsibilities under Subsection A of this Section, the LDE shall use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in Subsection D of this Section, and the indicators established by the secretary for the state performance plans.

D.The LDE shall monitor the LEAs located in the state, using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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