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3.advise the state board and the LDE in developing evaluations and reporting on data to the secretary under Section 618 of the IDEA;
4.advise the state board and the LDE in developing corrective action plans to address findings identified in federal monitoring reports under Part B of the IDEA; and
5.advise the state board and the LDE in developing and implementing policies related to the coordination of services for students with disabilities.

B.The advisory panel shall conduct its activities according to procedures prescribed by the state board.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2051 (October 2008).

Subchapter N.Other Provisions Required for State Eligibility

§170.Suspension and Expulsion Rates

A.General. The LDE shall examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of students with disabilities:

1.among the LEAs in the state; or
2.compared to the rates for non-disabled students within those agencies.

B.Review and Revision of Policies. If the discrepancies described in Subsection A of this Section are occurring, the LDE shall review and, if appropriate, revise its policies, procedures, and practices or require the affected LEA to revise its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the Act.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2052 (October 2008).

§171.Annual Description of Use of Part B Funds

A.In order to receive a grant in any fiscal year, the LDE shall comply with 34 CFR §300.171.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2052 (October 2008).

§172.Access to Instructional Materials

A.General. The LDE adopted the National Instructional Materials Accessibility Standard (NIMAS), published as Appendix C to Part 300 of the IDEA, for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after publication of the NIMAS in the Federal Register on July 19, 2006 (71 FR 41084) and consistent with Bulletin 1794The State Textbook Adoption Policies and Procedures Manual.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2052 (October 2008).

§173.Overidentification and Disproportionality

A.Consistent with the purposes of these regulations and with Section 618(d) of the IDEA, the LDE establishes the following policies and procedures to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of students as students with disabilities, including students with disabilities with a particular impairment as defined in §905.

1.The LDE shall annually collect and analyze data described in Subsecction A above.
2.When data described in Subsection A. above indicate overidentification or disproportionate identification, the LDE shall review the policies, procedures, and practices of the LDE or the affected LEA.
3.When the review indicates inappropriate identification, the LDE shall require the revision of the LDE's or the affected LEA's policies, procedures, and practices to ensure compliance 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 34:2052 (October 2008).

§174.Prohibition on Mandatory Medication

A.General. LDE and LEA personnel shall not require a student to obtain a prescription for substances identified under schedules I, II, III, IV, or V in Section 202 (c) of the Controlled Substance Act (21 U.S.C. 812(c)) for a child as a condition of attending school, receiving an evaluation under §§301 through 308, or receiving services under these regulations.

B.Rule of Construction. Nothing in Subsection A of this Section shall be construed to create a prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student’s academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services as defined in §905 (related to Child Find).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2052 (October 2008).

§175.The LDE as Provider of FAPE or Direct Services

A.If the LDE provides FAPE to students with disabilities, or provides direct services to these students, the agency:

1.shall comply with any additional requirements of §§202 and 203 and §§207 through 226 as if the agency were an LEA; and
2.shall use amounts that are otherwise available to the agency under Part B of the IDEA to serve those students without regard to §203.B (relating to excess costs).

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2052 (October 2008).

§176-189.Reserved.

§190.By-Pass for Students in Private Schools

A.Procedures governing the determination by the secretary to implement a by-pass for the state, an LEA, or other public agency are governed in accordance with 34 CFR §§300.190 through 198.

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

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