La. Admin. Code tit. 28 § XLIII-227

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

La. Admin. Code tit. 28, § XLIII-227

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.