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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 34:2056 (October 2008).

§225.Reserved.

§226.Early Intervening Services

A.General. An LEA may not use more than 15 percent of the amount the LEA receives under Part B of the IDEA for any fiscal year, less any amount reduced by the LEA pursuant to §205, if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment. (See Appendix D of 34 CFR 300.1 et seq., for examples of how §206.D, regarding local maintenance of effort, and §226.A affect one another.)

B.Activities. In implementing coordinated, early intervening services under this Section, an LEA may carry out activities that include:

1.professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
2.providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.

C.Construction. Nothing in this Section shall be construed to either limit or create a right to FAPE under Part B of the IDEA or to delay appropriate evaluation of a student suspected of having a disability.

D.Reporting. Each LEA that develops and maintains coordinated, early intervening services under this Section shall annually report to the LDE on:

1.the number of students served under this Section who received early intervening services; and
2.the number of students served under this Section who received early intervening services and subsequently receive special education and related services under Part B of the IDEA during the preceding two year period.

E.Coordination with ESEA. Funds made available to carry out this Section may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this Section.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2057 (October 2008).

§227.Direct Services by the LDE

A.General

1.The LDE shall use the payments that would otherwise have been available to an LEA or to a state agency to provide special education and related services
directly to students with disabilities residing in the area served by that LEA, or for whom that state agency is responsible, if the LDE determines that the LEA or state agency:
a.has not provided the information needed to establish the eligibility of the LEA or state agency, or elected not to apply for its Part B allotment, under Part B of the IDEA;
b.is unable to establish and maintain programs of FAPE that meet the requirements of these regulations;
c.is unable or unwilling to be consolidated with one or more LEAs in order to establish and maintain the programs; or
d.has one or more students with disabilities who can best be served by a regional or state program or service delivery system designed to meet the needs of these students.
2.LDE Administrative Procedures
a.In meeting the requirements in Paragraph A.1 of this Section, the LDE may provide special education and related services directly, by contract, or through other arrangements.
b.The excess cost requirements of §203.B do not apply to the LDE.

B.Manner and Location of Education and Services. The LDE may provide special education and related services under Subsection A of this Section in the manner and at the locations (including regional or state centers) as the LDE considers appropriate. The education and services shall be provided in accordance 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 34:2057 (October 2008).

§228.State Agency Eligibility

A.Any state agency that desires to receive a subgrant for any fiscal year under §705 shall demonstrate to the satisfaction of the LDE that:

1.all students with disabilities who are participating in programs and projects funded under Part B of the IDEA receive FAPE, and that those students and their parents are provided all the rights and procedural safeguards described in these regulations; and
2.the agency meets the other conditions of this chapter that apply to LEAs.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2057 (October 2008).

§229.Disciplinary Information

A.The LEA shall include in the records of a student with a disability, the state required forms listing suspensions or expulsions in the current or previous school year that have been taken against the student, and transmit the forms to the same extent that the disciplinary information is included in and transmitted with the student records of non-disabled students.

B.If the student transfers from one school to another, the transmission of any of the student's records shall include both the student's current IEP and any statement of current or previous disciplinary action that has been taken against the student.

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

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

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