La. Admin. Code tit. 28 § XLIII-601

Current through Register Vol. 50, No. 2, February 20, 2024
Section XLIII-601 - State Monitoring and Enforcement
A. The LDE shall monitor the implementation of these regulations, enforce these regulations in accordance with §605 and Bulletin 1922-Compliance Monitoring Procedures, and annually report on performance under these regulations. The LDE shall:
1. monitor the implementation of this part;
2. make determinations annually about the performance of each LEA using the categories in §604. B.1;
3. enforce this Section, consistent with §605, using appropriate enforcement mechanisms identified in §605. A.1 (technical assistance), §605. A.3 (conditions on funding of an LEA), § 605. B.2.a (a corrective action plan or improvement plan), §605. B.2.e (withholding funds, in whole or in part, by the LDE), and §605. C.2 (with holding funds, in whole or in part, by the LDE); and
4. report annually on the performance of the state and of each LEA under this section, as provided in §603. B.1.b and B.2.
B. The primary focus of the LDE's monitoring activities shall be on:
1. improving educational results and functional outcomes for all students with disabilities; and
2. ensuring that public agencies meet the program requirements under part B of the IDEA, with a particular emphasis on those requirements that are most closely related to improving educational results for students with disabilities.
C. As a part of its responsibilities under Subsection A of this Section, the LDE shall use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in Subsection D of this Section, and the indicators established by the secretary for the state performance plans.
D. The LDE shall monitor the LEAs located in the state, using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in those areas:
1. provision of FAPE in the least restrictive environment;
2. State exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in §905 and in 20 U.S.C. 1437(a)(9); and
3. disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.
E. In exercising its monitoring responsibilities under paragraph D of this section, the LDE must ensure that when it identifies noncompliance with the requirements of this part by LEAs, the noncompliance is corrected as soon as possible, and in no case later than one year after the LDE's identification of the noncompliance.

La. Admin. Code tit. 28, § XLIII-601

Promulgated by the Board of Elementary and Secondary Education, LR 34:2079 (October 2008), amended LR 36: 1502 (July 2010).
AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.