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I.EXECUTIVE ORDERS - page 111 / 359

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A.The LDE shall have in effect the policies and procedures, including sanctions that the state uses, to ensure that its policies and procedures consistent with §§611 through 625 are followed and that the requirements of the IDEA and these regulations are met.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2084 (October 2008).

§§627-645.Reserved.

§646.Disproportionality

A.General. The LDE shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the LEAs of the state with respect to:

1.the identification of students as students with disabilities, including the identification of students as students with disabilities in accordance with a particular impairment described in section 602(3) of the IDEA;
2.the placement in particular educational settings of these students; and
3.the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

B.Review and Revision of Policies, Practices, and Procedures. In the case of a determination of significant disproportionality with respect to the identification of students as students with disabilities, or the placement in particular educational settings of these students, in accordance with Subsection A of this Section, the LDE shall:

1.provide for the review and, if appropriate, revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the IDEA.
2.require any LEA identified under Subsection A of this Section to reserve the maximum amount of funds under section 613(f) of the IDEA to provide comprehensive coordinated early intervening services to serve students in the LEA, particularly, but not exclusively, students in those groups that were significantly overidentified under Subsection A of this Section; and
3.require the LEA to publicly report on the revision of policies, practices, and procedures described under Paragraph B.1 of this Section.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2084 (October 2008).

§647-699.Reserved.

Chapter 7.Authorization, Allotment, Use of Funds, and Authorization of Appropriations.

Subchapter A.Allotments, Grants, and Use of Funds

§701.Grants to the State

A.Purpose of Grants. The Secretary makes grants to the state to assist the state in providing special education and related services to students with disabilities in accordance with part B of the IDEA.

B.The secretary's allotments, grants, and use of funds to the state are governed by 34 CFR 300.700 through 703, 717 and 718.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2084 (October 2008).

§702.-703.Reserved.

§704.State-level Activities

A.State Administration. For the purpose of administering part B of the IDEA, including Subsection C of this Section, section 619 of the IDEA, and the coordination of activities under part B of the IDEA with, and providing technical assistance to, other programs that provide services to students with disabilities, the state's administrative authority and responsibility is governed by 34 CFR 300.704A.

B.Other State-Level Activities

1.The LDE may reserve a portion of its allocations for other state-level activities. The maximum amount that the state may reserve for other state-level activities is governed by 34 CFR 300.704(b)(1) and (2).
2.Some portion of the funds reserved under Paragraph B.1 of this Section shall be used to carry out the following activities:
a.for monitoring, enforcement, and complaint investigation; and
b.to establish and implement the mediation process required by section 615E of the IDEA, including providing for the costs of mediators and support personnel;
3.Funds reserved under Paragraph B.1of this Section also may be used to carry out the following activities:
a.for support and direct services, including technical assistance, personnel preparation, and professional development and training;
b.to support paperwork reduction activities, including expanding the use of technology in the IEP process;
c.to assist LEAs in providing positive behavioral interventions and supports and mental health services for students with disabilities;
d.to improve the use of technology in the classroom by students with disabilities to enhance learning;
e.to support the use of technology, including technology with universal design principles and assistive technology devices, to maximize accessibility to the general education curriculum for students with disabilities;
f.development and implementation of transition programs, including coordination of services with agencies involved in supporting the transition of students with disabilities to postsecondary activities;
g.to assist LEAs in meeting personnel shortages;
h.to support capacity building activities and improve the delivery of services by LEAs to improve results for students with disabilities;
i.alternative programming for students with disabilities who have been expelled from school, and services for students with disabilities in correctional facilities, students enrolled in state-operated or state-supported schools, and students with disabilities in charter schools;
j.to support the development and provision of appropriate accommodations for students with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of students with disabilities, in accordance with sections 1111(b) and 6111 of the ESEA; and

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

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