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2.Appendix A of subpart 101–19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2085 (October 2008).

§719-799.Reserved.

Chapter 8.Preschool Grants for Students with Disabilities and the Responsibilities of DHH and the LDE

§801.In General

A.Preschool grants for students with disabilities are governed by 34 CFR 300.801-818.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2086 (October 2008).

§802.-818.Reserved.

§819.DHH and the LDE’s Responsibilities under IDEA and the Louisiana Education of Children with Exceptionalities Act

A.The legal relationship between the Louisiana Department of Health and Hospitals (DHH) and the Louisiana Department of Education (LDE), shall be governed by this section and §154, for the interagency coordination of the IDEA and the Louisiana Education of Children with Exceptionalities Act, R.S. 17:1941, et seq., and encompasses all offices, divisions, bureaus, units, and programs at the state, regional, and local levels within each department.

B.These regulations are promulgated to comply with the obligations imposed upon the state of Louisiana and its agencies at 20 USC §1412 and 34 CFR 300.154.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2086 (October 2008).

§820.Definitions

A.For the purposes of this Chapter, the following definitions apply.

1.Educational Services—all other services, including but not limited to academic services, extracurricular activities, transportation, related services for which DHH is not legally responsible, and any other service included on a student’s IEP but not provided by DHH, through Medicaid or any other program operated by DHH, under any existing state or federal law.
2.Eligibility Criteria for DHH Health and Medical Services—the criteria for individuals receiving a specific health or medical service provided by DHH.
3Familythe child's parents or legal guardians as well as surrogate parents and persons acting as parents as defined by these regulations.
4.IEPIndividualized Education Program, as defined in §905.
5.LEAa local educational agency, as defined in §905.
6.Related Servicesin addition to the definition of these terms in IDEA and as defined in §905, in the context of these regulations, the term means those services which DHH, through Medicaid or any other program operated by DHH, is required by any existing state or federal law to
provide to a qualified recipient in the state of Louisiana.
7.Services—any special education and/or related services as defined in IDEA and in §905.
8.Studentany individual between the ages of 3 and 22 years and who is enrolled in a Louisiana Local Education Agency ("LEA") or is the responsibility of the LDE and/or the LEAs.
9.Student with a Disability—as defined in §905.
10.Transition Servicestransition services, as defined in §905.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2086 (October 2008).

§821.Responsibility for Services

A.In order to ensure that all services described in §822 that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute, the following requirements are imposed on LDE and DHH.

1.Agency Financial Responsibility. All relevant federal and State mandates apply. LDE and DHH, as obligated under federal or State law, shall use allocated federal, state and local funds to provide, pay, or otherwise arrange for services on the IEP that are necessary to ensure each eligible student receives a free appropriate public education (FAPE) as written on the IEP. The financial responsibility for these services shall be governed by all pertinent federal and State laws, including but not limited to 20 U.S.C. §1400, et seq., 34 CFR Parts 300, 42 U.S.C. §1396, 42 CFR Part 430, LSA-R.S. 17:1941, et seq., and these regulations.
a.If DHH is otherwise obligated under federal or state law, or assigned responsibility under DHH policy or pursuant to 34 CFR §300.142 and 154 to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in 34 CFR §300.6 relating to assistive technology devices, 34 CFR §300.34 relating to related services, 34 CFR §300.42 relating to supplementary aids and services, and 34 CFR §300.43 relating to transition services) that are necessary for ensuring FAPE to students with disabilities within the state, DHH shall fulfill that obligation or responsibility, either directly or through contract or other arrangement.
b.DHH may not disqualify an eligible service for Medicaid reimbursement because it is on an IEP or because that service is provided in a school context or any other setting that is a most integrated setting or least restrictive environment in order to provide a free appropriate public education. DHH is required to provide all eligible services to the same extent the individual would receive these services under federal and state law and regulation without eligibility for IDEA.
c.The financial responsibility of DHH shall precede the financial responsibility of the LEA or the state agency responsible for developing the student’s IEP.
2.Conditions and Terms of Reimbursement. DHH will fund or provide services that are included on an IEP to the extent that such services are services that are funded or provided to individuals eligible under any federal or state program provided by DHH. If any program under the auspices of DHH fails to provide or pay for these special

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

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