2006 Louisiana Laws - RS 17:1944 — Administration and supervision

§1944.  Administration and supervision

A.(1)  The provisions of this Chapter shall be administered at the state level by the Department of Education, with the approval of its governing authority, and on the city or parish level by local educational agencies.  The Department of Education, with the approval of its governing authority, shall provide only general supervision and monitoring when the provisions of this Chapter by law are administered through or in other state agencies.

(2)  For purposes of administering this Part, the division of special populations within the department shall provide general supervision and monitoring of all education programs for children with exceptionalities conducted within the state, including all such education programs administered by other state or local agencies.

B.  The division of special populations shall have the following powers and duties:

(1)  To regulate, consult with, and assist local education agencies in the awareness, location, identification, evaluation, placement, and reevaluation of children who require special education services and related services and to ensure all eligible children receive a free appropriate public education in accordance with an individualized education program.

(2)  To regulate all aspects of and assist with the development of all special education programs in the state supported in whole or in part by the state.

(3)  To require all schools and agencies who receive federal or state monies from or through the state of Louisiana for children with exceptionalities to provide any and all data regarding the use of these funds as may be requested by the Department of Education.

(4)  To periodically review and analyze data required by this Chapter, which shall be used to evaluate programs and services for children with exceptionalities.

(5)  To ensure all local educational agencies conduct child find activities.

(6)  To develop and recommend, when necessary, certification requirements for all teaching or other personnel employed to provide special education and related services in the state.

(7)  To cooperate with public and private colleges and universities and technical colleges within the state or region in the development of degree or certification programs, or both, in the various areas of exceptionality, in order to meet the personnel development needs in special education.

(8)  To receive and investigate complaints, to initiate its own investigations, and to conduct mediations and hearings with power of subpoena, on behalf of an individual child or group of children, regarding failure to comply with state or federal laws for children with exceptionalities.

(9)  To establish priorities, recommend fundings, and monitor all federal and state monies specifically designated to be set aside for children requiring special education and related services.

(10)  To provide for the involvement of parents of children with exceptionalities in the planning, development, and evaluation of special education and related services.

(11)  To investigate and conduct hearings upon evidence of denial of equal educational opportunities of children with exceptionalities as defined in this Chapter and to take such action as may be necessary to correct the situation.

(12)  To require public or private schools and educational agencies receiving funds to establish uniform accounting and reporting procedures.

(13)  To conduct or contract with any federal, state, city, parish, or private agency, research and development projects designed to improve the quality of special education and related services, or to increase the efficiency of such services.

(14)  To require placement of children with exceptionalities needing special education and related services in the least restrictive environment in public or nonpublic schools or other agencies nearest their place of residence, if placement is appropriate.

(15)  To develop in-service education programs for parents of children with exceptionalities, as necessary.

(16)  To recommend to the superintendent of education the withholding of funds for special education and related services from public and nonpublic schools or agencies which do not comply with the intent of this Chapter; however, no funds may be withheld without a hearing with the agency involved.

(17)  To ensure that when children with disabilities are placed in or referred to nonpublic schools by public agencies, the provision of special education and related services is in accordance with an individualized education program (IEP) and at no cost to the parents.  Such agencies shall meet the standards established by the Department of Education, with the approval of its governing authority, that apply to state and local educational agencies, and ensure that children so served have all the rights they would have if served by such agencies.

(18)  To establish pupil-teacher ratios and class sizes taking into account the chronological age of the child with an exceptionality, the severity of the disability, and the type of exceptionality.

(19)  To require that all local education agencies apply to the state education agency for the authority to place children with disabilities in programs other than local public school programs.

(20)  To investigate and conduct hearings upon evidence regarding failure to comply with state or federal laws and rules and regulations and to take such action as may be necessary to correct the situation.

(21)  To ensure that to the extent consistent with the number and location of children with disabilities in Louisiana who are enrolled by their parents in private elementary and secondary schools, provision is made for the participation of those children in the program assisted or carried out under this Chapter by providing to such children special education and related services in accordance with the amounts expended for the provision of those services by a local educational agency which shall be equal to a proportionate amount of federal funds made available under this Chapter to the local educational agency.

(22)  To ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the state and local educational agencies pursuant to the provisions of this Chapter.

C.  To make the most effective use of human and fiscal resources available for special education and related services:

(1)  The Department of Education, with the approval of its governing authority, shall issue regulations with respect to this Chapter.  These regulations shall be written in cooperation with representatives from other state and private agencies involved in special education services, local educational agencies, teachers of children receiving special education services, regular classroom teachers, universities and colleges, nonpublic schools providing special education and related services, and representatives of recipients of special education and related services and their families.

(2)(a)  The governor or his designee shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency described in Subparagraph (b) of this Paragraph and the state educational agency, in order to ensure that all services described in Subparagraph (b) of this Paragraph that are needed to ensure a free appropriate public education are provided, including the provision of such services during the pendency of any dispute under Item (iii) of this Subparagraph. Such agreement or mechanism shall include the following:

(i)  An identification of, or a method for defining, the financial responsibility of each agency for providing services described in Subparagraph (b) of this Paragraph to ensure a free appropriate public education to children with disabilities, provided that the financial responsibility of each public agency described in Subparagraph (b) of this Paragraph, including the state Medicaid agency and other public insurers of children with disabilities, shall precede the financial responsibility of the local educational agency or the state agency responsible for developing the child's IEP.

(ii)  The conditions, terms, and procedures under which a local educational agency shall be reimbursed by other agencies.

(iii)  Procedures for resolving interagency disputes, including procedures under which local educational agencies may initiate proceedings, under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.

(iv)  Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in Subparagraph (b) of this Paragraph.

(b)  If any public agency other than an educational agency is otherwise obligated under federal or state law, or assigned responsibility under state policy or pursuant to Subparagraph (a) of this Paragraph, to provide or pay for any services that are also considered special education or related services, including but not limited to the services described in R.S. 17:1943(2), (3), (8), (10), and (11), that are necessary for ensuring a free appropriate public education to children with disabilities within the state, such public agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangement.

(c)  If a public agency other than an educational agency fails to provide or pay for the special education and related services described in Subparagraph (b) of this Paragraph, the local educational agency or state agency responsible for developing the child's IEP shall provide or pay for such services to the child. Such local educational agency or state agency may then claim reimbursement for the services from the public agency that failed to provide or pay for such services and such public agency shall reimburse the local educational agency or state agency pursuant to the terms of the interagency agreement or other mechanism described in Item (a)(i) of this Paragraph according to the procedures established in such agreement pursuant to Item (a)(ii) of this Paragraph.

(d)  The requirements of Subparagraph (a) of this Paragraph may be met through state law or regulation, signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services, or other appropriate written methods as determined by the governor or his designee.

Acts 1977, No. 754, §1; Acts 1992, No. 458, §1, eff. June 20, 1992; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998.