La. Admin. Code tit. 28 § XLIII-226

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-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.

La. Admin. Code tit. 28, § XLIII-226

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

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