VISION Create a world-class education system for all students in Louisiana.
MISSION • Eliminate the Achievement Gaps between Race and Class • Prepare Students to be Effective Citizens in a Global Market • Higher Academic Achievement for All Students
THE LONG • AND WINDING ROAD • (aka Bulletin 1706)
THE LONG OF IT • IDEA 2004 • BEGAN WORK 2005-2006 • IDEA REGULATIONS AUGUST 2006 • 2006-2007 AND 2007-2008
LONG CONTINUED • 1706 Task Force • Regional Representative of LEAs • Parent Groups • Advocacy Group • Paralegal • LDE Staff
WINDING • LDE Attorney, Advocacy Attorney, and Paralegal met frequently to make revisions • After revisions, the task force met (whining, storming, norming, consensus building, democratic process) • Disseminated several times, comments received, lots of proofing at LDE and from the field
ROAD HOME • FORMAT CHANGES • FEDERAL LANGUAGE USED EVERYWHERE APPROPRIATE • EXCEED FEDERAL REGS IN ONLY A FEW PLACES, AND THOSE WERE AT THE TASK FORCE’S RECS • PUBLIC COMMENT PERIOD/PUBLIC HEARINGS
COMMENTS • Stand the test of time and other federal changes? • Exceeds federal regs on very few issues • Vetted up to this point to large numbers • NOT AGAIN!
AGENDA • FLUID • QUESTIONS AT END OF CHAPTERS USE CARDS FOR QUESTIONS • GOOD QUESTION, GET BACK WITH YOU • HOUSEKEEPING • DOOR PRIZES
Bulletin 1706 Chapter I Sections 101 - 150
Chapter IState Eligibility §129. State Responsibility regarding Students in Private Schools LEAs and LDE if applicable must follow procedures in §§130-148 to meet private school requirements.
Chapter IState Eligibility §130. Definition of Parentally –Placed Private School Students with Disabilities Students with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary or secondary schools as defined in §905, other than students with disabilities covered under §§ 145-147.
Chapter IState Eligibility §131.Child Find for Parentally Placed Private School Students with Disabilities A. Locate identify and evaluate all enrolled in private schools located in the school district served by the LEA. B. Child Find Design-equitable participation and an accurate count C. Activities –Must be similar to public school activities
Chapter IState Eligibility §131. Child Find for Parentally Placed Private School Students with Disabilities Cont... D.Cost of child find nor evaluations can be considered in determining proportionate share. E. Child find process must be completed in time period comparable to public schools. F. Out of State Students- LEA must include in the child find process private school students who reside in a state other than the state in which the private school is located.
Chapter IState Eligibility §132. Provision of Services for Parentally-Placed Private School Students with Disabilities A. Provisions made for participation. B. Services Plan developed and implemented for each student who is designated to receive special education and related services. C. Recordkeeping- Each LEA must maintain and provide to the LDE specific information.
Chapter I State Eligibility §133. Expenditures • Formula • Three through twenty-one • Three through five • Three through considered to be parentally placed private school students with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 905.
Chapter IState Eligibility §133. Expenditures continued…. • Funds not expended for equitable services by end of fiscal year for which congress appropriated the funds must be obligated for services for special education and related services for parentally placed private school students with disabilities, during a carry over period of one additional year
Chapter IState Eligibility §133. Expenditures continued…. • Calculating proportionate amount • Annual count of the number of parentally placed private school students with disabilities • State and local funds may supplement, not supplant proportionate share of federal funds.
Chapter IState Eligibility §134. Consultation • Conducted during the design and development of special education and related services. Discussion must include: • Child find • Proportionate share of funds • Consultation process • Provision of special education and related services • Written explanation by LEA regarding services
Chapter IState Eligibility §135. Written Affirmation • Signed by representative of the private school • If representative does not sign within reasonable time, the LEA shall forward the documentation to the LDE.
Chapter IState Eligibility §136. Compliance • Private school official has a right to file a compliant • Failure to offer meaningful and timely consultation • Failure to give due consideration to views of private school official
Chapter IState Eligibility §136. Compliance continued….. • Complaint filed with LDE. • LEA provides documentation to LDE. • Private school official may submit a complaint to the Secretary if dissatisfied with the LDE decision. • LDE must provide documentation to the Secretary.
Chapter IState Eligibility §137. Equitable Services Determined • No Individual right to special education and related services. • Provided in accordance with paragraph 137 C • Services must be provided via a service plan • Initiate and conduct a meeting to develop, review and revise services plan- See §138 • Ensure that a representative of the private school attends each meeting or use other methods to ensure participation.
Chapter IState Eligibility §138. Equitable Services Provided • Personnel providing services must meet same standard except special education teachers who provide services do not have to meet HQ requirements. • Private school students may receive a different amount of service than public school students • Provided in accordance with a services Plan • Provision of equitable service shall be provided: • by employee of public agency or • through contract and • must be secular, neutral and non-ideological.
Chapter IState Eligibility §139Location of Services and Transportation • Services on private school premises • Transportation • Provided if necessary for student to benefit from or participate in the services provided • From student’s school or home to site or than private school • From service site to private school or to student’s home depending on the timing of the service • Not required from home to private school • Cost of transportation may be considered in determining proportionate share amount.
Chapter IState Eligibility § 140 Request for Due Process Hearings and Complaints • Due Process not applicable, except for child find • Child Find Complaints- Filed with LEA in which school is located • State Complaints
Chapter IState Eligibility §141. Requirements that Funds not Benefit Private School §142. Use of Personnel §143. Separate Class Prohibition §144. Property, Equipment and Supplies
Chapter IState Eligibility Students with Disabilities in Private Schools Placed or Referred by Public Agencies § 145. Applicability of §§146 through 147 § 146. Responsibilities of the LDE § 147. Implementation by the LDE
Chapter IState Eligibility Students with Disabilities Enrolled by their Parents in Private Schools when FAPE is an Issue § 148. Placement of students by Parents when FAPE is an Issue • General • Disagreements about FAPE • Reimbursement for Private School placement • Limitation on reimbursement • Exception
Chapter I State Eligibility LDE Responsibilities for General Supervision and Implementation of Procedural Safeguards §149.LDE Responsibilities for General Supervision §150. LDE Implementation of Procedural Safeguards
CHAPTER 1 Adoption of State Complaint Procedures And Early Resolution Sections 151 - 153
Informal Administrative Complaints • What is an Informal complaint? • What is the Early Resolution Process? • What are the LEA’s & LDE’s procedures for handling the complaint? • Are there time limits? Produced by NICHCY, 2007
ERP Early Resolution Process __________________ Within the 15 day resolution period, the parents and district shall sign a resolution agreement or an agreement in writing to extend the resolution period. If no resolution agreement is signed and no extension agreement is signed, the LEA’s ERP representative shall provide the parent with the department’s explanation of Dispute Resolution Options, acknowledged by written receipt. §151C 3 Produced by NICHCY, 2007
Formal Complaints • These are the signed written complaint required by federal regulations
Formal Administrative Complaints • What is a formal complaint? • Who may file one? • What are the LDE’s & LEA’s procedures for handling the complaint? • Are there time limits? • §152-153 Produced by NICHCY, 2007
Contents Requirement:What must beIncluded? §152 B • statement that a public agency has violated a requirement of Part B of the IDEA or these regulations; • the facts on which the statement is based; • the signature and contact information for the complainant; • a description of the nature of the problem of the student, including facts relating to the problem; and • a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed. Produced by NICHCY, 2007
Key Changes §153 D • It is important to note that the party filing the State complaint must also send a copy of the State complaint to the LEA or public agency serving the child at the same time the State complaint is filed with the SEA. A new provision found at §509A, requires LDE to develop a model form to assist parents and other parties in filing a State complaint. However, the LDE may not require the use of its model forms. Another form or document may be used so long as the form or document includes the content required for filing a State complaint. Produced by NICHCY, 2007
ERP & Formal Complaints (this is not in bulletin 1706 but is recommended for bulletin 1573) • If the parent has not already attempted informal early resolution on the same issues, the written complaint shall be referred to the LEA’s ERP representative and the timelines for the informal complaint shall apply. • If the parent and LEA have already attempted informal early resolution and no agreement was signed within the informal resolution period, no new resolution period shall be provided. __________________ Produced by NICHCY, 2007
Prescription or statute of Limitations • The complaint shall allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with §151 through 153. • §152 C Produced by NICHCY, 2007
Expiration of Resolution Period • the LEA’s ERP representative shall notify the complaint investigator if a resolution agreement is signed and provide the investigator with a withdrawal of the written complaint, notice that it was unable to reach resolution or a joint request to extend the timelines.
§153 A 2 & B • specific information • reasonable timelines for providing such information to the LDE; • a statement of the LEA’s opportunity to respond to the complaint. B. The LDE shall provide written notice to the complainant including a statement of the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint. LDE Procedures A. Upon expiration of the resolution period, the LDE shall review the allegations contained in the complaint and shall review the allegations contained in the complaint and shall provide written notice to the LEA or public agency serving the student, including the following: Produced by NICHCY, 2007
C Time extension The LDE shall permit an extension of the time limit only if: 1. exceptional circumstances exist with respect to a particular complaint; or 2. the parent (or individual or organization) and the public agency involved agree to extend the time to engage in mediation, IEP facilitation, or other alternative means of dispute resolution. §153 F Produced by NICHCY, 2007
Decision.§153E Within 45 days of expiration of the early resolution process, the LDE shall issue a written decision to the complainant and the public agency that addresses each remaining allegation of the complaint and contains: 1. findings of fact and conclusions; and 2. the reasons for the LDE’s final decision. Produced by NICHCY, 2007
No more.My head is gonna explode! Produced by NICHCY, 2007
Reconsideration Requests. • §153 I • If either the public agency or the complainant believes that the LDE has made an error in one or more findings of fact and/or law, a reconsideration of the investigative findings and decision may be requested, in writing, to the LDE's legal division in accordance with specified procedures. • Request must be received 10 calendar days after the parties receipt of the findings Produced by NICHCY, 2007
Correction of non-compliance. • If a complaint results in a finding of non-compliance, the LEA shall be required to document that it has taken corrective action as required by the complaint decision. §153 K
§153 KFailure to Comply The LDE shall refer and recommend to BESE the delay or denial of funding or an offset of future funding for any LEA that, after due notice: a. refuses or fails to submit requested documentation of corrective action; or b. refuses or fails to take or complete required corrective action. 2. The State Board shall provide reasonable notice and an opportunity for a hearing according to procedures set out in Education Division General Administrative Regulations (EDGAR) at 34 CFR 76.401 before the LDE delays, denies, or offsets the funding of any LEA under IDEA Part B. Produced by NICHCY, 2007
Section 172 Access to Instructional Materials
Section 174 Prohibition on Mandatory Medication