La. Admin. Code tit. 28 § XLIII-803

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-803 - Subgrants to LEAs

A. Subgrants Required. If the LDE receives a grant under §619 of the IDEA for any fiscal year, it shall distribute any funds the LDE does not reserve under §802 to LEAs (including public charter schools that operate as LEAs) in the state that have established their eligibility under §613 of the IDEA. Effective with funds that become available on the 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 children 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 Paragraph A of this Section the amount the LEA would have received under §619 of the IDEA for fiscal year 1999, if the state had distributed 75 percent of its grant for that year under §619(c)(3) 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 5 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;

c. if, for two or more LEAs, geographic boundaries or administrative responsibility for providing services to students with disabilities ages 3 through 5 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 5 currently provided special education by each affected LEA; and

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 3 through 5 currently provided special education by each of the LEAs. This requirement takes effect with funds that become available on July 1, 2009.

C. Reallocation of Funds. If the LDE determines that an LEA is adequately providing FAPE to all students with disabilities ages 3 through 5 years residing in the area served by the LEA 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 students with disabilities ages 3 through 5 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 §802.

1. After the LDE distributes funds to an eligible LEA that is not serving any students with disabilities ages 3 through 5, as provided in paragraph A. of this section, the LDE must determine, within a reasonable period of time prior to the end of the carry-over 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 ages 3 through 5 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 §802.

La. Admin. Code tit. 28, § XLIII-803

Promulgated by the Board of Elementary and Secondary Education, LR 36:1504 (July 2010).

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