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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).

§§191.-198.Reserved.

§199.State Administration

A.Rulemaking. The LDE, when receiving funds under part B of IDEA, shall:

1.ensure that any state rules, regulations, and policies relating to these regulations conform to the purposes of these regulations;
2.identify in writing to local education agencies and the secretary of the U.S. Department of Education any rule, regulation, or policy as a state-imposed requirement that is not required by Part B of IDEA and 34 CFR §300.1 et seq.; and
3.minimize the number of rules, regulations, and polices to which the local education agencies and schools located in the state are subject under Part B of the IDEA.

B.Support and Facilitation. State rules, regulations, and policies under Part B of the IDEA shall support and facilitate LEA and school-level system improvement designed to enable students with disabilities to meet the challenging state student academic achievement 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 34:2053 (October 2008).

Chapter 2.Local Educational Agency Eligibility

§201.Condition of Assistance

A.An LEA is eligible for assistance under Part B of the IDEA for a fiscal year if the agency submits a plan that provides assurances to the LDE that the LEA meets each of the conditions in §§202 through 214.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2053 (October 2008).

§202.Consistency with State Policies

A.The LEA, in providing for the education of students with disabilities within its jurisdiction, shall have in effect policies, procedures, and programs that are consistent with the state's policies and procedures established under §§101 through 162, and §§165 through 174.

B.In meeting the requirements in Subsection A of this Section, the LEA may provide special education and related services through cooperative agreements with other LEAs, by contract, or through other arrangements.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2053 (October 2008).

§203.Use of Amounts

A.General. Amounts provided to the LEA under Part B of the IDEA:

1.shall be expended in accordance with applicable provisions of these regulations;
2.shall be used only to pay the excess cost of providing special education and related services to students with disabilities, consistent with Subsection B of this Section; and
3.shall be used to supplement state, local, and other federal funds and not to supplant those funds.

B.Excess Cost Requirement

1.General
a.The excess cost requirement prevents an LEA from using funds provided under Part B of the IDEA to pay for all of the costs directly attributable to the education of a student with a disability, subject to Subparagraph B.1.b of this Section.
b.The excess cost requirement does not prevent an LEA from using Part B funds to pay for all of the costs directly attributable to the education of a student with a disability in any of the ages of 3, 4, 5, 18, 19, 20, or 21, if no local or state funds are available for non-disabled students of these ages. However, the LEA shall comply with the non-supplanting and other requirements of these regulations, in providing the education and services for these students. IDEA Part B funds received shall not be commingled with state funds.
2.a.An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of each of its students with disabilities before funds under Part B of the IDEA are used.
b.The amount described in Subparagraph B.2.a is determined in accordance with the definition of excess cost in §905 and that amount may not include capital outlay or debt service.
3.If two or more LEAs jointly establish eligibility in accordance with §223, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in §905 in those agencies for elementary or secondary school students, as the case may be.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2053 (October 2008).

§204.Maintenance of Effort

A.General. Except as provided in §§205 and 206, funds provided to an LEA under Part B of the IDEA shall not be used to reduce the level of expenditures for the education of students with disabilities made by the LEA from local funds below the level of those expenditures for the preceding fiscal year.

B.Standard

1.Except as provided in Subparagraph B.2 of this Section, the LDE shall determine that an LEA complies with Subsection A of this Section for purposes of establishing the LEA's eligibility for an award for a fiscal year if the LEA budgets, for the education of students with disabilities, at least the same total or per capita amount from either of the following sources as the LEA spent for that purpose from the same source for the most recent prior year for which information is available:
a.local funds only.
b.the combination of state and local funds.
2.An LEA that relies on Subparagraph B.1.a of this Section for any fiscal year shall ensure that the amount of local funds it budgets for the education of students with disabilities in that year is at least the same, either in total or per capita, as the amount it spent for that purpose in the most recent fiscal year for which information is available and the standard in Subparagraph B.1.a of this Section was used to establish its compliance with this Section.

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

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