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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.
2.directs the use of LEA-level funds under section 611(e) of the IDEA on the area or areas in which the LEA needs assistance.
3.identifies the LEA as a high-risk grantee and imposes special conditions on the LEA’s grant under part B of the IDEA.

B.Needs Intervention. If the LDE determines, for three or more consecutive years, that an LEA needs intervention under §604.B.1.c in implementing the requirements of part B of the IDEA, the following shall apply:

1.the LDE may take any of the actions described in paragraph A of this section; and
2.the LDE takes one or more of the following actions:
a.requires the LEA to prepare a corrective action plan or improvement plan if the LDE determines that the LEA should be able to correct the problem within one year;
b.requires the LEA to enter into a compliance agreement under section 457 of the General Education Provisions Act (GEPA), as amended, 20 U.S.C. 1221 et seq., if the LDE has reason to believe that the LEA cannot correct the problem within one year;
c.for each year of the determination, withholds not less than 20 percent and not more than 50 percent of the LEA’s funds under section 611(e) of the IDEA, until the LDE determines the LEA has sufficiently addressed the areas in which the LEA needs intervention.
d.seeks to recover funds under section 452 of GEPA;
e.withholds, in whole or in part, any further payments to the LEA under part B of the IDEA.
f.Refers the matter for appropriate enforcement action, which may include referral to BESE.

C.Needs Substantial Intervention. Notwithstanding Subsection A or B of this Section, at any time that the LDE determines that an LEA needs substantial intervention in implementing the requirements of part B of the IDEA or that there is a substantial failure to comply with any condition of the state's or LEA’s eligibility under part B of the IDEA, the LDE takes one or more of the following actions:

1.recovers funds under section 452 of GEPA;
2.withholds, in whole or in part, any further payments to the LEA under part B of the IDEA.

D.If the LDE determines that an LEA is not meeting the requirements of part B of the IDEA, including the targets in the state's performance plan, the LDE shall prohibit the LEA from reducing the LEA’s maintenance of effort under §204 for any fiscal year.

E.Nothing in this section shall be construed to restrict the state from utilizing any other authority available to it to monitor and enforce the requirements of these regulations.

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).

§606.Withholding Funds

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 1922Compliance 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.
2.Until the LDE is satisfied that the condition that caused the initial withholding has been substantially rectified:
a.payments to the public agency under part B of the IDEA shall be withheld in whole or part; and
b.payments by the LDE under part B of the IDEA shall be limited to public agencies whose actions did not cause or were not involved in the LDE’s determination under §604.B.1, as the case may be.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2081 (October 2008).

§607.Reserved.

§608.Secretary’s Review, Determination, and Enforcement regarding State Performance

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.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2081 (October 2008).

§609.Reserved.

Subchapter B.Confidentiality of Information

§610.Reserved.

§611.Definitions as used in §§611-625

Destruction—physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

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

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