La. Admin. Code tit. 28 § XLIII-606

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

Section XLIII-606 - Withholding Funds

A. Opportunity for Hearing. Prior to withholding any funds under these regulations and part B of the IDEA, the LDE shall provide reasonable notice and an opportunity for a hearing to the public agency involved, in accordance with §155 of these regulations and Bulletin 1922-Compliance Monitoring Procedures.

B. Suspension. Pending the outcome of any hearing to withhold payments under Subsection A of this Section, the LDE may suspend payments to a recipient, suspend the authority of the recipient to obligate funds under part B of the IDEA, or both, after the recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate funds under part B of the IDEA should not be suspended.

C. Nature of Withholding

1. If the LDE determines that it is appropriate to withhold further payments under §605. B.2 or C.2, the LDE may determine:

a. that the withholding will be limited to programs or projects, or portions of programs or projects, that affected the LDE's determination under §604. B.1; or

b. that the LDE will not make further payments to public agencies that caused or were involved in the LDE's determination under §604. B.1.

2. Until the LDE is satisfied that the condition that caused the initial withholding has been substantially rectified:

a. payments to the public agency under part B of the IDEA shall be withheld in whole or part; and

b. payments by the LDE under part B of the IDEA shall be limited to public agencies whose actions did not cause or were not involved in the LDE's determination under §604. B.1, as the case may be.

La. Admin. Code tit. 28, § XLIII-606

Promulgated by the Board of Elementary and Secondary Education, LR 34:2081 (October 2008).

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