La. Admin. Code tit. 28 § XLIII-133

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLIII-133 - Expenditures

A. Formula. To meet the requirement of §132. A, each LEA shall spend the following on providing special education and related services (including direct services) to parentally-placed private school students with disabilities.

1. For students aged 3 through 21, an amount that is the same proportion of the LEA's total subgrant under Section 611(f) of the IDEA as the number of private school students with disabilities aged 3 through 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of students with disabilities in its jurisdiction aged 3 through 21.

2.

a. For students aged three through five, an amount that is the same proportion of the LEA's total subgrant under Section 619(g) of the IDEA as the number of parentally-placed private school students with disabilities aged three through five who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA is to the total number of students with disabilities in its jurisdiction aged three through five.

b. As described in Subparagraph A.2.a of this Section, students with disabilities aged three through five are considered to be parentally-placed private school students with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in §905.

3. If an LEA has not expended for equitable services all of the funds described in Paragraphs A.1 and A.2 of this Section by the end of the fiscal year for which Congress appropriated the funds, the LEA shall obligate the remaining funds for special education and related services (including direct services) to parentally-placed private school students with disabilities during a carry-over period of one additional year.

B. Calculating Proportionate Amount. In calculating the proportionate amount of federal funds to be provided for parentally-placed private school students with disabilities, the LEA, after timely and meaningful consultation with representatives of private schools under §134, shall conduct a thorough and complete Child Find process to determine the number of parentally-placed private school students with disabilities attending private schools located in the LEA. (See Appendix B of the IDEA Part B Regulations for an example of how proportionate share is calculated.)

C. Annual Count of the Number of Parentally-Placed Private School Students with Disabilities

1. Each LEA shall:

a. after timely meaningful consultation with representatives of parentally-placed private school students with disabilities (consistent with §134), determine the number of parentally-placed private school students with disabilities attending private schools located in the LEA; and

b. ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.

2. The count shall be used to determine the amount that the LEA shall spend on providing special education and related services to parentally-placed private school students with disabilities in the next subsequent fiscal year.

D. Supplement, Not Supplant. State and local funds may supplement and in no case supplant the proportionate amount of federal funds required to be expended for parentally-placed private school students with disabilities under these regulations.

E. School Choice Pilot Program for Certain Students with Exceptionalities

1. Introduction

a. The purpose of the school choice program for certain students with exceptionalities, hereafter referred to as the "program," shall be to provide certain students with exceptionalities the opportunity to attend schools of their parents choice that provide educational services specifically tailored to address said students specific needs.

2. Definitions

a.Approved Non-public School -

i. non-public school that meets the following criteria:

(a) approved by the state Board of Elementary and Secondary Education pursuant to R.S. 17:11 and according to Brumfield, et al. v. Dodd, et al. 425 F. Supp. 528.

b.Continuous Attendance -

i. student is enrolled and actively attending school.

c.Educational Certificate -

i. award amount allocated to an eligible school on behalf of an eligible student by the Louisiana Department of Education that shall be equivalent to 50 percent of the per pupil allocation of state funds to the city, parish, or other local public school district in which the eligible student is residing for that school year, but shall not exceed the amount of tuition charged by the eligible nonpublic school.

d.Enrollment Status -

i. the category of enrollment at an eligible non-public school as evidenced by attendance and registration.

e.Entrance Requirements -

i. requirements for entry into a participating non-public school.

f.IEP -

i. a plan that provides the basis for programming for students with exceptionalities as specified in Bulletin 1530.

g.Transfer -

i. a change in enrollment status resulting from the movement of an eligible student from one approved non-public school to another eligible non-public school during the current school year.

h.Tuition -

i. the total costs associated with one year of enrollment at an eligible non-public school as assessed to similarly situated students.

i.Services Plana plan that provides the basis for services programming for students with exceptionalities as specified in Bulletin 1530; or

j.Nonpublic School Created Plana plan that is created by the nonpublic school that the student will attend that clearly identifies the services provided by the school and specifies how those services adequately address the students needs.

3. Eligibility

a. Student Eligibility

i. A student shall be eligible to participate in the program after submission of an application to the Louisiana Department of Education on a timeline established by the department and in accordance with the following requirements:

(a). evaluation of the student by a local education agency as defined in R.S. 17:1942 and resulting in a determination that services are required for one of the following exceptionalities:

(i). autism;

(ii). intellectual disability;

(iii). emotional disturbance;

(iv). developmental delay;

(v). other health impairment;

(vi). specific learning disability; or

(vii). traumatic brain injury;

ii. An eligible student may be expelled from the school in accordance with the schools discipline policies or may be disqualified from enrollment if the student is no longer eligible for the program as determined by the department.

b. School Eligibility

i. A non-public school shall be eligible to enroll students through the program if it:

(a). is an approved non-public school, as determined by the state Board of Elementary and Secondary Education pursuant to R.S. 17:11 and has been so approved for the school year prior to the schools participation in the program; and

(b). has provided needed educational services to students with exceptionalities, as defined in R.S. 17:1942, excluding students deemed to be gifted or talented, for at least two years;

(c). has provided needed services to students by teachers holding appropriate special education certification or other appropriate education and training as defined in Bulletin 1706; and

(d). provides services and instruction in accordance with a students individual education plan and/or services plan; and

(e). operates in a parish having a population in excess of 190,000 persons according to the most recent federal decennial census.

iii. Any non-public school that does not meet these requirements shall not receive approval for program participation.

c. Eligible School Obligations

i. Once a non-public school is determined to be eligible for the program it shall provide the following assurances and information, as well as meet the following deadlines in order to retain eligibility:

(a). determination of the number of eligible students it will accept in any year of program participation and establishment of criteria for enrollment of students;

(b). no student seeking to enroll and participate in the program shall be required to take an entrance exam;

(c). provision of all rules, policies, and procedures of the school, including but not limited to academic policies and disciplinary policies and procedures, to the parent or guardian of an eligible student;

(d). completion of student enrollment by April thirtieth of the school year prior to the non-public school's participation in the program;

(e). submission to the Louisiana Department of Education of a list of all eligible students conditionally enrolled in the school by June first of the year prior to the program year.

4. Finances

a. Parental Obligations

i. Parents of eligible students shall be responsible for paying any outstanding tuition obligations regardless of the educational certificate award, except for undisbursed educational certificate funds.

ii. Parents of eligible students shall be responsible for paying any outstanding tuition obligations regardless of the educational certificate award, except for undisbursed educational certificate funds.

b. School Obligations

i. Any eligible school shall not increase tuition above itemized calculations provided to the Louisiana Department of Education by the school during eligibility determination.

ii. Any eligible school shall not require parents to pay for undisbursed educational certificate funds, unless student becomes ineligible for the program but remains at the school.

iii. Any eligible school shall be subject to an audit of educational certificate funds by the Department of Education.

c. Louisiana Department of Education Obligations

i. The Louisiana Department of Education shall determine the total amount of the educational certificate.

ii. The Louisiana Department of Education shall disburse educational certificate funds in four separate payments to the eligible school in the months of September, November, February, and May.

iii. Payments shall be based on per pupil count dates as determined by the Louisiana Department of Education. The count dates used are the fifteenth of September, November, February, and the fifth of May.

iv. Should any of the count dates occur on a weekend, the count shall take place no later than the next business day.

v. Should an eligible student begin attending an eligible non-public school after the start of the school year, the Louisiana Department of Education shall determine the method of disbursing the appropriate educational certificate amount.

5. Notifications of Change

a. School Notification Requirements

i. Any participating school shall notify the Louisiana Department of Education in writing within 10 days when there are changes in eligibility requirements including but not limited to: tuition, enrollment status, transfer, IEP, continuous attendance, and other types of financial aid as defined in this bulletin.

6. Student Records

a. Any participating school shall make all program participants records available upon request by the Louisiana Department of Education.

7. Re-enrollment

a. Each eligible school and student shall submit a re-enrollment application to continue participation in the program the following school year. If either the school or student loses eligibility, another initial application for the program may be submitted to the Louisiana Department of Education.

8. Lottery

a. The Louisiana Department of Education shall hold a lottery for eligible, non-continuing students prior to the start of the school year, if demand for the program exceeds available slots.

La. Admin. Code tit. 28, § XLIII-133

Promulgated by the Board of Elementary and Secondary Education, LR 34:2041 (October 2008), amended LR 38:1401 (June 2012), Amended LR 38:1401 (June 2012), LR 40:2533 (12/1/2014), Amended LR 42235 (2/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:4031 et seq.