La. Admin. Code tit. 28 § XLIII-210

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-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.

La. Admin. Code tit. 28, § XLIII-210

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

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