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this section, the LEA (or state agency responsible for developing the student’s IEP) shall provide or pay for these services to the student in a timely manner. The LEA or State agency may then claim reimbursement for the services from DHH, having failed to provide or pay for these services, and DHH shall reimburse the LEA or State agency in accordance with 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 34:2087 (October 2008).

§823.General Provisions Governing DHH and LDE’s Responsibilities

A.Confidentiality of Information. In accordance with federal and state law, information on a student’s disability is confidential. For the purposes of identification, location, evaluation, development, and implementation of the IEP; information and records on mutually served students may be exchanged between the LDE and DHH with the written, informed consent of the parent(s) of each student. The method of exchanging information may be electronic or written. When a specific student or family is identified, the exchange shall be written with proper consent obtained.

B.Ancillary Agreements. Regional and/or local agreements may be developed and implemented between the respective programs within the LDE and DHH for the purposes of determining and identifying interagency coordination to promote the coordination of services and the timely and appropriate delivery of services to each eligible student and family. The services may be provided either directly or through a contract or other arrangement. These agreements are considered binding for the programs under the auspices of the LDE and DHH only after written approval of such regional or local agreements by the Secretary of DHH and the state Director of Special Education in the LDE, respectively.

C.Joint Coordination and Monitoring. DHH and LDE are required to develop jointly state level annual goals that are based on needs/data. DHH and LDE are required to evaluate jointly the overall effectiveness of these goals. Each department is required to designate a liaison at the state level to coordinate the activities and monitor the compliance of these regulations. Each agency is required to appoint an interagency committee to review and evaluate the effectiveness of these regulations, facilitate their implementation, and make recommendations for revisions as deemed appropriate.

D.Modifications to these Requirements. As the lead agency for implementation of the Louisiana Education of Children with Exceptionalities Act and the Individuals with Disabilities Education Act in Louisiana, the LDE is the sole agency with authority to promulgate regulations pursuant to those statutes and no modification to these requirements shall be made by any other agency by regulation, policy, or otherwise, without the express written consent of the LDE.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2088 (October 2008).

§824.-899.Reserved.

Chapter 9.General

Subchapter A.Purposes and Applicability

§901.Purposes

A.The purposes of these regulations are the following:

1.to ensure that all students with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
2.to ensure that the rights of students with disabilities and their parents are protected;
3.to assist localities and educational service agencies to provide for the

education of all students with disabilities; and

4.to assess and ensure the effectiveness of efforts to educate students with disabilities.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2088 (October 2008).

§902.Applicability

A.Public Agencies within the state. The provisions of these regulations:

1.apply to all political subdivisions of the state that are involved in the education of students with disabilities, including:
a.the Louisiana Department of Education, referenced in these regulations as the "LDE";
b.local educational agencies (LEAs), educational service agencies (ESAs), and public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA;
c.other State agencies and schools (such as Department of Health and Hospitals, Department of Social Services, Special School District, and Board Special Schools);
d.state and local juvenile and adult correctional facilities; and
2.are binding on each public agency in the state that provides special education and related services to students with disabilities, regardless of whether that agency is receiving funds under part B of the IDEA.

B.Private Schools and Facilities. Each public agency in the state is responsible for ensuring that the rights and protections under part B of the IDEA are given to students with disabilities:

1.referred to or placed in private schools and facilities by that public agency; or
2.placed in private schools by their parents under the provisions of §148.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2088 (October 2008).

Subchapter B.Definitions used in these Regulations

§903.Definitions/Terms

A.The terms defined in §§904 and 905 of this chapter are used throughout these regulations. Unless expressly provided to the contrary, each definition/term used in these regulations shall have the meaning established by this Chapter.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2088 (October 2008).

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

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