La. Admin. Code tit. 28 § XLIII-149

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

Section XLIII-149 - LDE Responsibility for General Supervision

A. The LDE shall ensure:

1. that all requirements under these regulations are carried out; and

2. that each educational program for students with disabilities administered within the state, including each program administered by any other state or local agency (but not including elementary schools and secondary schools for Indian students operated or funded by the Secretary of the Interior):

a. is under the general supervision of the persons responsible for educational programs for students with disabilities in the state; and

b. meets the educational standards of the LDE (including the requirements of these regulations);

3. in carrying out these regulations with respect to homeless children, the requirements of Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.) are met.

B. The LDE adopts written procedures in Bulletin 1922-Compliance Monitoring Procedures, as well as the provisions of §601, to ensure that it complies with the monitoring and enforcement requirements in §601

C. Part B of the IDEA does not limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to students with disabilities in the state.

D. Notwithstanding Subsection A of this Section, the governor (or another individual pursuant to state law) may assign to any public agency in the state the responsibility of ensuring that the requirements of Part B of the IDEA are met with respect to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons.

La. Admin. Code tit. 28, § XLIII-149

Promulgated by the Board of Elementary and Secondary Education, LR 34:2045 (October 2008).

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