Statutes, codes, and regulations
Louisiana Administrative Code
Title 28 - EDUCATIONPart XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities ActSubpart 1 - Students with DisabilitiesChapter 7 - Authorization, Allotment, Use of Funds, and Authorization of Appropriations
Subchapter A - Allotments, Grants, and Use of Funds
Section XLIII-705 - Subgrants to LEAs

La. Admin. Code tit. 28 § XLIII-705

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Current through Register Vol. 50, No. 11, November 20, 2024
Section XLIII-705 - Subgrants to LEAs
A. Subgrants Required. If the LDE receives a grant under §611 of the IDEA for any fiscal year, it shall distribute any funds the LDE does not reserve under §704 to LEAs (including public charter schools that operate as LEAs) in the state that have established their eligibility under §613 of the IDEA for use in accordance with Part B of the IDEA. Effective with funds that become available on July 1, 2009, the LDE must distribute funds to eligible LEAs, including public charter schools that operate as LEAs, even if the LEA is not serving any students with disabilities.
B. Allocations to LEAs. For each fiscal year for which funds are allocated to the LDE under §703, the LDE shall allocate funds as follows.
1. Base Payments. The LDE first shall award each LEA described in Subsection A of this Section the amount the LEA would have received under section 611 of the IDEA for fiscal year 1999, if the state had distributed 75 percent of its grant for that year under section 611(d) of the IDEA, as that section was then in effect.
2. Base Payment Adjustments. For any fiscal year after 1999:
a. if a new LEA is created, the LDE shall divide the base allocation determined under Paragraph B.1 of this Section for the LEAs that would have been responsible for serving students with disabilities now being served by the new LEA, among the new LEA and affected LEAs based on the relative numbers of students with disabilities ages 3 through 21 currently provided special education by each of the LEAs;
b. if one or more LEAs are combined into a single new LEA, the LDE shall combine the base allocations of the merged LEAs; and
c. if, for two or more LEAs, geographic boundaries or administrative responsibility for providing services to students with disabilities ages 3 through 21 change, the base allocations of affected LEAs shall be redistributed among affected LEAs based on the relative numbers of students with disabilities ages 3 through 21 currently provided special education by each affected LEA;
d. if an LEA received a base payment of zero in its first year of operation, the LDE must adjust the base payment for the first fiscal year after the first annual child count in which the LEA reports that it is serving any students with disabilities. The LDE must divide the base allocation determined under Paragraph B.1 of this Section for the LEAs that would have been responsible for serving students with disabilities now being served by the LEA, among the LEA and affected LEAs based on the relative numbers of students with disabilities ages 3 through 21, or ages 6 through 21 currently provided special education by each of the LEAs. This requirement takes effect with funds that become available on July 1, 2009.
3. Allocation of Remaining Funds. After making allocations under Paragraph B.1 of this Section, as adjusted by Paragraph B.2 of this Section, the LDE shall:
a. allocate 85 percent of any remaining funds to those LEAs on the basis of the relative numbers of students enrolled in public and private elementary schools and secondary schools within the LEA's jurisdiction; and
b. allocate 15 percent of those remaining funds to those LEAs in accordance with their relative numbers of students living in poverty, as determined by the LDE.
C. Reallocation of Funds. If the LDE determines that an LEA is adequately providing FAPE to all students with disabilities residing in the area served by that agency with state and local funds, the LDE may reallocate any portion of the funds under these regulations that are not needed by that LEA to provide FAPE, to other LEAs in the state that are not adequately providing special education and related services to all students with disabilities residing in the areas served by those other LEAs. The LDE may also retain those funds for use at the state level to the extent the LDE has not reserved the maximum amount of funds it is permitted to reserve for state-level activities pursuant to §704
1. After the LDE distributes funds under this part to an eligible LEA that is not serving any students with disabilities, as provided in paragraph A. of this section, the LDE must determine, within a reasonable period of time prior to the end of the carryover period in 34 CFR 76.709, whether the LEA has obligated the funds. The LDE may reallocate any of those funds not obligated by the LEA to other LEAs in the state that are not adequately providing special education and related services to all students with disabilities residing in the areas served by those other LEAs. The LDE may also retain those funds for use at the state level to the extent the LDE has not reserved the maximum amount of funds it is permitted to reserve for state-level activities pursuant to §704

La. Admin. Code tit. 28, § XLIII-705

Promulgated by the Board of Elementary and Secondary Education, LR 34:2085 (October 2008), amended LR 36:1503 (July 2010).
AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.