the date of receipt of the investigative report. Should the other party to the complaint wish to respond to the reconsideration request, the response shall be received by the LDE no later than 10 calendar days after the LDE received the original reconsideration request; and
6.reconsideration requests received by the LDE after the 10 calendar day deadline shall not be reviewed;
7.reconsideration requests received timely and that meet criteria established by this subsection shall be reviewed by a panel of individuals appointed by the division director and the LDE shall inform the complainant and the public agency of its determinations, in writing, within 30 calendar days from the date the LDE receives the written reconsideration request;
8.reconsideration requests by third parties shall not be accepted;
9.reconsideration requests shall not be used to delay or deny implementation of FAPE for a student with a disability.
J.The LDE shall ensure effective implementation of the final decision, if needed, including:
1.technical assistance activities;
3.corrective actions to achieve compliance.
K.Correction of Non-Compliance. If a complaint results in a finding of non-compliance, the public agency shall be required to document that it has taken corrective action as required by the complaint decision.
1.The LDE shall refer and recommend to BESE the delay or denial of funding or an offset of future funding for any LEA that, after due notice:
a.refuses or fails to submit requested documentation of corrective action; or
b.refuses or fails to take or complete required corrective action.
2.The state board shall provide reasonable notice and an opportunity for a hearing according to procedures set out in Education Division General Administrative Regulations (EDGAR) at 34 CFR 76.401 before the LDE delays, denies, or offsets the funding of any LEA under IDEA Part B.
AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.
HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2047 (October 2008).
Subchapter K.Methods of Ensuring Services
§154.Methods of Ensuring Services
A.Establishing Responsibility for Services. The governor of Louisiana or the designee of the governor shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each non-educational public agency described in Subsection B of this Section and the LDE, in order to ensure that all services described in Subsection B of this Section that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under Paragraph A.3 of this Section. The agreement or mechanism shall include the following:
1.an identification of, or a method for defining, the financial responsibility of each agency for providing services described in Paragraph B.1 of this Section to ensure FAPE to students with disabilities. The financial responsibility of each non-educational public agency described in Subsection B of this Section, including the state
Medicaid agency and other public insurers of students with disabilities, shall precede the financial responsibility of the LEA (or the state agency responsible for developing the student's IEP);
2.the conditions, terms, and procedures under which an LEA shall be reimbursed by other agencies;
3.procedures for resolving interagency disputes (including procedures under which LEAs may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism;
4.policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in Paragraph B.1 of this Section.
B.Obligation of Non-Educational Public Agencies
1.a.If any public agency other than an educational agency is otherwise obligated under federal or state law, or assigned responsibility under state policy or pursuant to Subsection A of this Section, 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 §905 relating to assistive technology devices, assistive technology services, related services, supplementary aids and services, and transition services) that are necessary for ensuring FAPE to students with disabilities within the state, the public agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangement pursuant to Subsection A of this Section or an agreement pursuant to Subsection C of this Section.
b.A non-educational public agency described in Subparagraph B.1.a of this Section may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.
2.If a public agency other than an educational agency fails to provide or pay for the special education and related services described in Paragraph B.1 of 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 is authorized to claim reimbursement for the services from the non-educational public agency that failed to provide or pay for these services and that agency shall reimburse the LEA or state agency in accordance with the terms of the interagency agreement or other mechanism described in Subsection A of this Section.
C.Special Rule. The requirements of Subsection A of this Section may be met through:
1.state statute or regulation;
2.signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or
3.other appropriate written methods as determined by the governor or designee and approved by the secretary.
D.Students with Disabilities Who Are Covered by Public Benefits or Insurance.
1.A public agency may use the Medicaid or other public benefits or insurance programs in which a student participates to provide or pay for services required under these regulations, as permitted under the public benefits or insurance program, except as provided in Paragraph D.2 of
Louisiana Register Vol. 34, No. 10 October 20, 2008