La. Admin. Code tit. 28 § XCI-107

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

Section XCI-107 - Corrective Action and Sanctions

A. The LDE has the responsibility to monitor all public educational agencies with programs for children with disabilities within the state for compliance with applicable state and federal laws, regulations, and standards.

B. The LDE is authorized to take actions, consistent with applicable law, necessary to ensure compliance. Failure on the part of a participating agency to comply may result in the LDE, with the approval of its governing authority, the Board of Elementary and Secondary Education (BESE), withholding funds from the said agency. Prior to withholding any funds under this Section, the LDE shall provide reasonable notice and an opportunity for a hearing conducted by the BESE to the LEA involved.

C. LDE determines the need for a corrective action plan (CAP) to address findings of non-compliance on an individual LEA case-by-case basis. If the LDE requires a CAP, it will be developed in collaboration with the LDE following the LEAs receipt of the LDEs monitoring report. The CAP shall be submitted for approval to the LDE within 35 business days of receipt of the monitoring report. However, upon receipt of the report, the LEA shall immediately begin correcting the findings of non-compliance documented in the report. The plan will address the activities the LEA will implement to correct the areas of non-compliance identified during the on-site visit as soon as possible, but in no case more than one year from the date of the notification report from the LDE.

D. The progress toward completing the activities in the plan will be tracked by the LDE to determine if the timelines are being met. LEAs will submit evidence and data as requested by the LDE to show completion of activities and evidence of change in the LEA as a result of the corrective action plan. Based on a review of submitted evidence, the LDE will decide whether the LEA has met compliance requirements or determine whether a follow-up, on-site visit must be conducted to determine if the LEA has made systemic changes to correct the noncompliance addressed in the corrective action plan.

E. A written report of the findings from a review of the submitted evidence or from a follow-up visit will be issued to the LEA by the LDE within 30 business days of the review of the evidence or the on-site visit.

F. When continuing non-compliance is identified, the LDE will require that an intensive corrective action plan (ICAP) be developed by the LEA in collaboration with the LDE, to address the continuing noncompliance. In conjunction with the implementation of the approved plan, the LDE will impose one or more of the following sanctions described below:

1. Advise the LEA of available sources of technical assistance that may help the LEA.

2. Direct the LEA to present the ICAP to the local school board for approval.

3. direct the LEA to use IDEA part B flow-through funds on the area or areas that the LEA is non-compliant. The LEA will submit evidence to the LDE of the specific funds targeted for areas of non-compliance. The LDE will monitor the expenditure of such funds on a consistent basis;

4. The LDOE may determine that a special consultant or management team is necessary to assist the LEA in addressing areas of non-compliance. The LDOE will select a special consultant or management team to collaborate with the LEA in developing and implementing an intensive corrective action plan. The special consultant and the ICAP activities will be funded at the local level.

5. identify the LEA as a high-risk grantee and impose special conditions on the LEA's IDEA part B grant. The LDE will impose one or more of the following special conditions:

a. for each year of continuing non-compliance, withhold not less than 20 percent and not more than 50 percent of the LEA's IDEA part B grant until the LDE determines the LEA has sufficiently addressed the areas in which the LEA needs intervention;

b. Seek to recover funds under section 452 of the General Education Provisions Act.

c. Withhold, in whole or in part, any further payments to the LEA under this part pursuant to Subparagraph a.

d. Refer the matter for other appropriate enforcement action.

La. Admin. Code tit. 28, § XCI-107

Promulgated by the State Board of Elementary and Secondary Education, LR 30:415 (March 2004), amended LR 31:3105 (December 2005), LR 32:1839 (October 2006), LR 37:3216 (November 2011), Amended LR 43517 (3/1/2017), Amended LR 50680 (5/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1944.