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this Section.
2.With regard to services required to provide FAPE to an eligible student under these regulations, the public agency:
a.may not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under part B of the IDEA;
b.may not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to, these regulations, but pursuant to Paragraph G.2 of this Section, may pay the cost that the parents otherwise would be required to pay;
c.may not use a student's benefits under a public benefits or insurance program if that use would:
i.decrease available lifetime coverage or any other insured benefit;
ii.result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the student outside of the time the student is in school;
iii.increase premiums or lead to the discontinuation of benefits or insurance; or
iv.risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and
d.i.shall obtain parental consent as defined in §905, to access public benefits or insurance one time for the specific services and duration of services identified in a student's IEP unless IEP revisions require additional services that would result in additional charges to the student's or parents' public benefits or public insurance. Such consent to access public benefits may be obtained at an IEP meeting or at some time after the IEP is developed; and
ii.notify parents that the parents' refusal to allow access to their public benefits or insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.

E.Students with Disabilities Who Are Covered by Private Insurance

1.With regard to services required to provide FAPE to an eligible student under these regulations, a public agency may access the parents' private insurance proceeds only if the parents provide informed consent as defined in §905.
2.Each time the public agency proposes to access the parents’ private insurance proceeds, the agency shall:
a.obtain parental consent in accordance with Paragraph E.1 and D.2.d.i of this Section; and
b.inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.

F.Use of Part B Funds

1.If a public agency is unable to obtain parental consent to use the parents' private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under these regulations, to ensure FAPE, the public agency may use its Part B funds to pay for the service.
2.To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or
insurance if the parents would incur a cost, the public agency may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents' benefits or insurance (e.g., the deductible or co-pay amounts).

G.Proceeds from Public Benefits or Insurance or Private Insurance

1.Proceeds from public benefits or insurance or private insurance shall not be treated as program income for purposes of 34 CFR 80.25.
2.If a public agency spends reimbursements from federal funds (e.g., Medicaid) for services under these regulations, those funds shall not be considered "state or local" funds for purposes of the maintenance of effort provisions in 34 CFR 300.163 and 300.203.

H.Construction. Nothing in these requirements should be construed to alter the requirements imposed on a state Medicaid agency, or any other agency administering a public benefits or insurance program by federal statute, regulations or policy under title XIX, or title XXI of the Social Security Act, 42 U.S.C. 1396 through 1396v and 42 U.S.C. 1397aa through 1397jj, or any other public benefits or insurance program.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2048 (October 2008).

Subchapter L.Additional Eligibility Requirements

§155.Hearings Relating to LEA Eligibility

A.The state board shall provide a reasonable notice and an opportunity for a hearing according to procedures set out in Education Division General Administrative Regulations (EDGAR) at 34 CFR 76.401d before the LDE determines any LEA is ineligible for assistance under Part B of the IDEA or before the LDE finds that an LEA is failing to comply with any requirements of the application. (different or exceeds).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2049 (October 2008).

§156.Personnel Qualifications

A.General. The LDE shall establish and maintain qualifications through Bulletin 746Louisiana Standards for State Certification of School Personnel, to ensure that personnel necessary to carry out the purposes of these regulations are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve students with disabilities.

B.Related Services Personnel and Paraprofessionals. The qualifications under Subsection A of this Section, found in Bulletin 746Louisiana Standards for State Certification of School Personnel, include qualifications for related services personnel and paraprofessionals.

C.Qualifications for Special Education Teachers. The qualifications described in Subsection A of this Section shall ensure that each person employed as a public school special education teacher in the state who teaches in an elementary school, middle school, or secondary school is highly qualified as a special education teacher by the deadline established in Section 1119(a)(2) of the ESEA.

D.Policy. The LDE's required policy for ensuring that LEAs in the state take measurable steps to recruit, hire,

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

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