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regular class or other education-related setting to a student with a disability in accordance with the IEP of the student, even if one or more non-disabled students benefit from these services;
2.early intervening services to develop and implement coordinated, early intervening educational services in accordance with §226;
3.high cost special education and related services to establish and implement cost or risk sharing funds, consortia, or cooperatives for the LEA itself, or for LEAs working in a consortium of which the LEA is a part, to pay for high cost special education and related services.

B.Administrative Case Management. An LEA may use funds received under Part B of the IDEA to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP of students with disabilities that is needed for the implementation of those case management activities.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2054 (October 2008).

§210.Treatment of Charter Schools and their Students

A.Rights of Students with Disabilities. Students with disabilities who attend public charter schools and their parents retain all rights under these regulations.

B.Charter schools that are public schools of the LEA

1.In carrying out Part B of the IDEA, and these regulations, with respect to charter schools that are public schools of the LEA, the LEA shall:
a.serve students with disabilities attending those charter schools in the same manner as it serves students with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site of its other public schools; and
b.provide funds under Part B of the IDEA to those charter schools:
i.on the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of students with disabilities; and
ii.at the same time as the LEA distributes other federal funds to the LEA's other public schools, consistent with the state's charter school law.
2.If the public charter school is a school of an LEA that receives funding under §705 and includes other public schools:
a.the LEA shall be responsible for ensuring that the requirements of these regulations are met, unless state law assigns that responsibility to some other entity; and
b.the LEA shall meet the requirements of Paragraph B.1 of this Section.

C.Public charter schools that are LEAs. If the public charter school is an LEA, consistent with the definition of LEA in §905, that receives funding under §705, that charter school is responsible for ensuring that the requirements of these regulations are met, unless state law assigns that responsibility to some other entity.

D.Public charter schools that are not an LEA or a school that is part of an LEA

1.If the public charter school is not an LEA receiving funding under §705, or a school that is part of an LEA receiving funding under §705, including a type 5 charter school, the LDE is responsible for ensuring that the requirements of these regulations are met.
2.Paragraph D.1 of this Section does not preclude the state from assigning initial responsibility for ensuring the requirements of these regulations are met to another entity. However, the LDE shall maintain the ultimate responsibility for ensuring compliance with these regulations, consistent with §149.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2055 (October 2008).

§211.Purchase of Instructional Materials

A.General. Each LEA that chooses to coordinate with the National Instructional Materials Access Center (NIMAC), when purchasing print instructional materials, shall acquire those instructional materials in the same manner, and subject to the same conditions as the LDE in these regulations at §172, as found in Bulletin 1794—The State Textbook Adoption Policies and Procedures Manual.

B.Rights of LEA

1.Nothing in this Section shall be construed to require an LEA to coordinate with the NIMAC.
2.If an LEA chooses not to coordinate with the NIMAC, the LEA shall provide an assurance to the LDE that the LEA will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
3.Nothing in this Section relieves an LEA of its responsibility to ensure that students with disabilities who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities in 34 CFR 300.172(e)(1)(i) or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner as described in 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 34:2055 (October 2008).

§212.Information for SEA

A.The LEA shall provide the LDE with information necessary to enable the LDE to carry out its duties under Part B of the IDEA including, with respect to §157 and §160, information relating to the performance of students with disabilities participating in programs carried out under Part B of the IDEA.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2055 (October 2008).

§213.Public Information

A.The LEA shall make available to parents of students with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the IDEA.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2055 (October 2008).

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

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