La. Admin. Code tit. 28 § XLIII-220

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

Section XLIII-220 - Exception for Prior Local Plans

A. General. If the LEA or a state agency described in §300.228 has on file with the SEA policies and procedures that demonstrate that the LEA or state agency meets any requirement of §300. 200, including any policies and procedures filed under Part B of the IDEA as in effect before December 3, 2004, the SEA shall consider the LEA or state agency to have met that requirement for purposes of receiving assistance under Part B of the IDEA.

B. Modification made by the LEA or State Agency. Subject to Subsection C of this Section, policies and procedures submitted by an LEA or a state agency in accordance with this subpart remain in effect until the LEA or state agency submits to the SEA the modifications that the LEA or state agency determines are necessary.

C. Modifications Required by the SEA. The SEA may require an LEA or a state agency to modify its policies and procedures, but only to the extent necessary to ensure the LEA's or state agency's compliance with Part B of the IDEA or state law, if:

1. after December 3, 2004, the effective date of the Individuals with Disabilities Education Improvement Act of 2004, the applicable provisions of the Act (or the regulations developed to carry out the Act) are amended;

2. there is a new interpretation of an applicable provision of the Act by federal or state courts; or

3. there is an official finding of noncompliance with federal or state law or regulations.

La. Admin. Code tit. 28, § XLIII-220

Promulgated by the Board of Elementary and Secondary Education, LR 34:2056 (October 2008).

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