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needed to adequately measure performance in those areas:

1.provision of FAPE in the least restrictive environment;
2.State exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in §905 and in 20 U.S.C. 1437(a)(9); and
3.disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.

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).

§602.State Performance Plans and Data Collection

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.

B.Data Collection

1.The LDE shall collect valid and reliable information as needed to report annually to the secretary on the indicators established by the Secretary for the state performance plan.
2.If the secretary permits the LDE to collect data on specific indicators through the state monitoring or sampling, and the LDE collects the data through state monitoring or sampling, the LDE shall collect data on those indicators for each LEA at least once during the period of the state performance plan.
3.Nothing in part B of the IDEA shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under part B 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 34:2080 (October 2008).

§603.State Use of Targets and Reporting

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 paragraph B1b 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; and
ii.make the state’s performance plan available through public means, including by posting on the LDE’s web site and distribution through public agencies.
b.If the LDE, in meeting the requirements of Subparagraph B.1.a of this Section, collects performance data through state monitoring or sampling, the state shall include in its report under Subparagraph B.1.a.i of this section the most recently available performance data on each LEA, and the date the data were obtained.
2.State Performance Report. The LDE shall report annually to the secretary on the performance of the state under the state's performance plan.
3.Privacy. The LDE shall not report to the public or the secretary any information on performance that would result in the disclosure of personally identifiable information about individual students, or where the available data are insufficient to yield statistically reliable information.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2080 (October 2008).

§604.LDE’s Review, Determination, and Enforcement regarding LEA Performance

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.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2080 (October 2008).

§605.State Enforcement

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;

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

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