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§214.Records Regarding Migratory Students with Disabilities

A.The LEA shall cooperate in the secretary's efforts under Section 1308 of the ESEA to ensure the linkage of records pertaining to migratory students with disabilities for the purpose of electronically exchanging, among the states, health and educational information regarding those students.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2056 (October 2008).

§§215-219.Reserved.

§220.Exception for Prior Local Plans

A.General. If the LEA or a state agency described in §300.228 has on file with the SEA policies and procedures that demonstrate that the LEA or state agency meets any requirement of §300.200, including any policies and procedures filed under Part B of the IDEA as in effect before December 3, 2004, the SEA shall consider the LEA or state agency to have met that requirement for purposes of receiving assistance under Part B of the IDEA.

B.Modification made by the LEA or State Agency. Subject to Subsection C of this Section, policies and procedures submitted by an LEA or a state agency in accordance with this subpart remain in effect until the LEA or state agency submits to the SEA the modifications that the LEA or state agency determines are necessary.

C.Modifications Required by the SEA. The SEA may require an LEA or a state agency to modify its policies and procedures, but only to the extent necessary to ensure the LEA’s or state agency's compliance with Part B of the IDEA or state law, if:

1.after December 3, 2004, the effective date of the Individuals with Disabilities Education Improvement Act of 2004, the applicable provisions of the Act (or the regulations developed to carry out the Act) are amended;
2.there is a new interpretation of an applicable provision of the Act by federal or state courts; or
3.there is an official finding of noncompliance with federal or state law or 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 34:2056 (October 2008).

§221.Notification of LEA or State Agency in Case of Ineligibility

A.If the LDE determines that the LEA or state agency is not eligible under Part B of the IDEA, then the LDE shall:

1.notify the LEA or state agency of that determination; and
2.provide the LEA or state agency with reasonable notice and an opportunity for a hearing.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2056 (October 2008).

§222.LEA and State Agency Compliance

A.General. If the LDE, after reasonable notice and an opportunity for a hearing, finds that the LEA or state agency that has been determined to be eligible under this Chapter is failing to comply with any requirement described in §§202 through 214, the LDE shall reduce or shall not provide any further payments to the LEA or state agency until the LDE

is satisfied that the LEA or state agency is complying with that requirement.

B.Notice Requirement. Any state agency or LEA in receipt of a notice described in Subsection A of this Section shall, by means of public notice, take the measures necessary to bring the pendency of an action pursuant to this section to the attention of the public within the jurisdiction of the agency.

C.Consideration. In carrying out its responsibilities under this section, the LDE shall consider any decision resulting from a hearing held under §§511 through 533 that is adverse to the LEA or state agency involved in the decision.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2056 (October 2008).

§223.Joint Establishment of Eligibility

A.General. The LDE may require the LEA to establish its eligibility jointly with another LEA if the LDE determines that the LEA will be ineligible under this Chapter because the agency will not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of students with disabilities.

B.Charter School Exception. The LDE may not require a charter school that is an LEA to jointly establish its eligibility under Subsection A of this Section unless the charter school is explicitly permitted to do so under the state's charter school statute.

C.Amount of Payments. If the LDE requires the joint establishment of eligibility under Subsection A of this Section, the total amount of funds made available to the affected LEAs shall be equal to the sum of the payments that each LEA would have received under §705 if the agencies were eligible for those payments.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2056 (October 2008).

§224.Requirements for Establishing Eligibility

A.Requirements for LEAs in General. LEAs that establish joint eligibility under this Section shall:

1.adopt policies and procedures that are consistent with the state’s policies and procedures under §§102 through 163 and §§165 through 174; and
2.be jointly responsible for implementing programs that receive assistance under Part B of the IDEA.

B.Requirements for Educational Service Agencies in General. If an educational service agency is required by state law to carry out programs under Part B of the IDEA, the joint responsibilities given to LEAs under Part B of the IDEA:

1.do not apply to the administration and disbursement of any payments received by that educational service agency; and
2.shall be carried out only by that educational service agency.

C.Additional Requirement. Notwithstanding any other provision of §§223 through 224, an educational service agency shall provide for the education of students with disabilities in the least restrictive environment, as required by §113.

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

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