La. Admin. Code tit. 28 § CXXXIX-2303

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXXXIX-2303 - Local Education Agency (LEA) Status and Federal Funding

A. Any type 2 or type 5 charter school shall be considered the local education agency (LEA) for funding purposes and statutory definitions and, as a local education agency, shall receive allocations for all available funding.

B. Type 1, 3, 3B, and 4 Charter School LEAs

1. A type 3B charter school shall have the option to remain its own LEA or have the local school board serve as the charter schools LEA, pursuant to §519 of this bulletin. A type 3B charter school considered its own LEA shall comply with the requirements for type 3B charter schools detailed in §519 of this Bulletin.

2. Pursuant to R.S. 17:10.7.1, a type 1, 3, 3B or 4 charter school located in Orleans Parish may be considered its own LEA for funding purposes and statutory definitions, and as an LEA, shall receive allocations for all available funding.

a. At all times the charter school is considered its own LEA; it shall:

i. continue participation and follow all rules of the parish-wide enrollment system or, if not currently participating, begin participation upon renewal of the charter schools charter contract, and when enrolling or registering students at the school, do so without regard to English language learner (ELL) or disability status, type or severity of disability, or level of services required;

ii. provide all identification, evaluation, and special education and ELL services to students enrolled at the school required by the Individuals with Disabilities Education Act (IDEA) and other applicable federal and state laws and regulations for LEAs;

iii. when requesting a transfer for a student with a disability, do so in accordance with IDEA and other applicable state and federal special education laws and regulations for LEAs, and only when such transfer has been initiated or agreed to by the students parent or legal guardian;

iv. continue participation and follow all rules of the parish-wide student expulsion process, and when making a change of placement or an expulsion request for a student with a disability, do so according to such process and in compliance with the provisions of IDEA and other applicable federal and state special education laws and regulations for LEAs;

v. provide transportation services for students as required by applicable state laws and regulations, the schools charter contract, and local school board policy;

vi. comply with all financial, testing, and reporting requirements required by the charter schools authorizer or the department pursuant to applicable federal, state, and local laws and regulations; and

vii. comply with any monitoring, reporting, or corrective actions required by the schools charter authorizer or the department related to the requirements of this Section and any other applicable federal, state, or local laws or regulations for LEAs.

b. For type 1 and 3 charter schools in Orleans Parish, the local superintendent shall implement a process to identify those schools requesting to be considered their own LEAs. LEA status shall commence on July 1 following receipt by the state superintendent of written notification from the local superintendent no later than the preceding April 1. Such written notification shall include:

i. documentation of the local school boards approval of the charter school to be considered its own LEA;

ii. written certification by the president or chairman of the board of the charter school that at all times the charter school is considered its own LEA it shall comply with the requirements of this Section; and

iii. a letter of attestation signed by the local superintendent, certifying that the requirements listed in this section shall be incorporated into the charter schools contract, and the local superintendents oversight, evaluation, and renewal determination processes for the charter school.

c. A type 4 charter school in Orleans Parish may be considered its own LEA upon request by the local school board and approval by BESE. The local school board may request LEA status for a type 4 charter school no later than the April 1 preceding the year in which LEA status would commence through any one of the following procedures:

i. inclusion of the request for the charter school to be considered its own LEA in the initial charter application to BESE;

ii. submission of a request to BESE for a material amendment to the charter to permit the charter school to be considered its own LEA pursuant to §1903 of this Bulletin; or

iii. written request for the charter school to be considered its own LEA as part of BESEs renewal of the schools charter.

d. Each type 1, 3, 3B, and 4 charter school in Orleans Parish that is considered its own LEA shall be held solely responsible for the requirements of this section and any other applicable federal, state, or local laws or regulations related to the charter schools LEA status, including, but not limited to data reporting, testing regulations, IDEA compliance, title I regulations, and requirements of other grants made available and secured by the charter school in its capacity as an LEA. However, each type 1, 3, 3B or 4 charter school considered its own LEA is under the jurisdiction of the Orleans Parish School Board and as such, the local superintendent shall have the duty, obligation and authority to monitor and enforce corrective actions and interventions related to the requirements of this section and any other applicable federal, state, or local laws or regulations for such charter school. Based on evidence of noncompliance with any such requirements, laws, or regulations, or that the continuation of LEA status for the charter school may result in a threat to the health, safety, or welfare of students or staff at the charter school, the local superintendent may submit a written request to the state superintendent for rescission of the charter schools LEA status.

e. The local superintendent and the department shall work together to coordinate each entity's reporting requirements for a charter school considered its own LEA in order to streamline and minimize duplication of reporting by the charter school. Upon written request by the local superintendent, the department shall, to the extent permitted by state and federal law, share data reported to the department by a charter school authorized by the local school board and acting as its own LEA. The written request shall include the specific data requested, whether the data will be needed on an ongoing basis, an explanation of the necessity and intended use of the data requested, and a plan for protecting the privacy and security of such data in accordance with applicable laws and regulations.

3. The state superintendent may rescind the LEA status of a type 1, 3, 3B or 4 charter school at the beginning of a subsequent school year (July 1) should the charter school fail to meet the requirements of this Section or other requirements related to LEA status. Prior to such rescission, the state superintendent shall provide written notification of the rescission to the local school board and the charter school no later than April 1. Such written notification shall include the reason for the rescission and a date by which the local school board and charter school may respond prior to rescission.

4. In situations where continued LEA status for the charter school may result in a threat to the health, safety, or welfare of students or staff at the charter school, the state superintendent may temporarily rescind the charter schools LEA status immediately, without prior written notification.

In such a case, the state superintendent shall be required to provide written notification to the local school board and the charter school of the temporary rescission as soon as is feasible. Such written notification shall include the reason for the temporary rescission and a date by which the local school board and charter school may respond prior to permanent rescission of the charter schools LEA status.

5. Upon rescission, the local school board shall begin to serve as the charter schools LEA. The state superintendent may reinstate the charter schools LEA status at the beginning of a subsequent school year (July 1) provided the local school board approves such reinstatement and the state superintendent has determined that the charter school has demonstrated the ability to comply with all applicable requirements henceforth.

6. With the local school boards approval, a type 1, 3, 3B, or 4 charter school considered its own LEA may voluntarily request to relinquish its LEA status. The state superintendent may only approve such request following receipt of the charter schools request and the local school boards approval by April 1. Upon approval by the state superintendent, the local school board shall begin to serve as the charter schools LEA at the beginning of the following school year (July 1).

C. For each pupil enrolled in a charter school who is entitled to special education services, any state special education funding beyond that provided in the Minimum Foundation Program and any federal funds for special education for that pupil that would have been allocated for that pupil shall be allocated to the charter school which the pupil attends.

La. Admin. Code tit. 28, § CXXXIX-2303

Promulgated by the Board of Elementary and Secondary Education in LR 34:1372 (July 2008), amended LR 39:3251 (December 2013), LR 40:1324 (July 2014), Amended LR 43309 (2/1/2017), Amended LR 43636 (4/1/2017), Amended LR 432478 (12/1/2017), Amended LR 44241 (2/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:3981, and R.S. 17:3995.