La. Admin. Code tit. 28 § XLIII-823

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

Section XLIII-823 - General Provisions Governing DHH and LDE's Responsibilities

A. Confidentiality of Information. In accordance with federal and state law, information on a student's disability is confidential. For the purposes of identification, location, evaluation, development, and implementation of the IEP; information and records on mutually served students may be exchanged between the LDE and DHH with the written, informed consent of the parent(s) of each student. The method of exchanging information may be electronic or written. When a specific student or family is identified, the exchange shall be written with proper consent obtained.

B. Ancillary Agreements. Regional and/or local agreements may be developed and implemented between the respective programs within the LDE and DHH for the purposes of determining and identifying interagency coordination to promote the coordination of services and the timely and appropriate delivery of services to each eligible student and family. The services may be provided either directly or through a contract or other arrangement. These agreements are considered binding for the programs under the auspices of the LDE and DHH only after written approval of such regional or local agreements by the Secretary of DHH and the state Director of Special Education in the LDE, respectively.

C. Joint Coordination and Monitoring. DHH and LDE are required to develop jointly state level annual goals that are based on needs/data. DHH and LDE are required to evaluate jointly the overall effectiveness of these goals. Each department is required to designate a liaison at the state level to coordinate the activities and monitor the compliance of these regulations. Each agency is required to appoint an interagency committee to review and evaluate the effectiveness of these regulations, facilitate their implementation, and make recommendations for revisions as deemed appropriate.

D. Modifications to these Requirements. As the lead agency for implementation of the Louisiana Education of Children with Exceptionalities Act and the Individuals with Disabilities Education Act in Louisiana, the LDE is the sole agency with authority to promulgate regulations pursuant to those statutes and no modification to these requirements shall be made by any other agency by regulation, policy, or otherwise, without the express written consent of the LDE.

La. Admin. Code tit. 28, § XLIII-823

Promulgated by the Board of Elementary and Secondary Education, LR 34:2088 (October 2008).

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