La. Admin. Code tit. 28 § XLIII-605

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

Section XLIII-605 - State Enforcement

A. Needs Assistance. If the LDE determines, for two consecutive years, that an LEA needs assistance under §604. B.1.b in implementing the requirements of part B of the IDEA, the LDE takes one or more of the following actions:

1. advises the LEA of available sources of technical assistance that may help the LEA address the areas in which the LEA needs assistance and requires the LEA to work with appropriate entities. Such technical assistance may include:

a. the provision of advice by experts to address the areas in which the LEA needs assistance, including explicit plans for addressing the area for concern within a specified period of time;

b. assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research;

c. designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and

d. devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance supported under part D of the IDEA, and private providers of scientifically based technical assistance.

2. directs the use of LEA-level funds under section 611(e) of the IDEA on the area or areas in which the LEA needs assistance.

3. identifies the LEA as a high-risk grantee and imposes special conditions on the LEA's grant under part B of the IDEA.

B. Needs Intervention. If the LDE determines, for three or more consecutive years, that an LEA needs intervention under §604. B.1.c in implementing the requirements of part B of the IDEA, the following shall apply:

1. the LDE may take any of the actions described in paragraph A of this section; and

2. the LDE takes one or more of the following actions:

a. requires the LEA to prepare a corrective action plan or improvement plan if the LDE determines that the LEA should be able to correct the problem within one year;

b. requires the LEA to enter into a compliance agreement under section 457 of the General Education Provisions Act (GEPA), as amended, 20 U.S.C. 1221 et seq., if the LDE has reason to believe that the LEA cannot correct the problem within one year;

c. for each year of the determination, withholds not less than 20 percent and not more than 50 percent of the LEA's funds under section 611(e) of the IDEA, until the LDE determines the LEA has sufficiently addressed the areas in which the LEA needs intervention.

d. seeks to recover funds under section 452 of GEPA;

e. withholds, in whole or in part, any further payments to the LEA under part B of the IDEA.

f. Refers the matter for appropriate enforcement action, which may include referral to BESE.

C. Needs Substantial Intervention. Notwithstanding Subsection A or B of this Section, at any time that the LDE determines that an LEA needs substantial intervention in implementing the requirements of part B of the IDEA or that there is a substantial failure to comply with any condition of the state's or LEA's eligibility under part B of the IDEA, the LDE takes one or more of the following actions:

1. recovers funds under section 452 of GEPA;

2. withholds, in whole or in part, any further payments to the LEA under part B of the IDEA.

D. If the LDE determines that an LEA is not meeting the requirements of part B of the IDEA, including the targets in the state's performance plan, the LDE shall prohibit the LEA from reducing the LEA's maintenance of effort under §204 for any fiscal year.

E. Nothing in this section shall be construed to restrict the state from utilizing any other authority available to it to monitor and enforce the requirements of these regulations.

La. Admin. Code tit. 28, § XLIII-605

Promulgated by the Board of Elementary and Secondary Education, LR 34:2080 (October 2008).

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