La. Admin. Code tit. 28 § XLV-415

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

Section XLV-415 - Data Verification, Appeals, and Waivers

A. A data verification process and procedures for appeals and waivers shall be used to correct inaccurate quality rating data and address unforeseen and aberrant factors affecting teacher preparation providers.

1. The LDE shall establish a data verification process for preparation providers to correct inaccurate quality rating data. The LDE shall provide a period (or periods) of not less than 15 calendar days for final review, correction, and verification of accountability data. All data correction must occur during the designated data verification period. Each preparation provider must collect documentation for every data element that is submitted for correction and maintain documentation on file for at least four years. The LDE shall review all data corrections during the verification period and grant approval of those proven valid. The LDE may request documentation to support the validity of the corrections.

2. An appeal is a request for the calculation or recalculation of the quality rating or any component score. The appeal procedure is created to address issues when the literal application of program accountability or program renewal policy does not consider certain unforeseen and unusual circumstances. Appeals shall not be available for failure to correct data during the data verification process.

3. A waiver is a temporary withholding of accountability decisions or required components of the quality rating system for no more than one accountability year. The waiver procedure is created to address issues when the literal application of program accountability or program renewal policy does not consider certain unforeseen circumstances. Waivers shall be denied to aggrieved parties attempting to subvert the intent of provisions outlined in federal or state law or policy.

4. The procedure for appeals and waivers is as follows.

a. A preparation provider may request an appeal/waiver by submitting a written request to the state superintendent of education within 15 calendar days of the LDE's release of the preparation provider's performance profile.

b. All appeal/waiver requests must clearly state the specific reasons for requesting the appeal/waiver and the reasons why the appeal/waiver should be granted and must include any necessary supporting documentation.

c. Supporting documentation for appeal/waiver requests should clearly outline the unforeseen and unusual factors that generate the request. The preparation provider shall be responsible for supplying the LDE with information necessary for recalculating accountability components per applicable policy.

d. Data corrections shall not be the grounds for an appeal/waiver, as all data corrections shall be made prior to release of performance profiles regardless of the source of any errors.

e. The LDE shall review all timely submitted appeal/waiver requests and, if the request meets guidelines described in this section, make recommendations to BESE following the close of the appeal/waiver period. Within this interval, the LDE shall notify preparation providers of its recommendations and allow the provider to respond in writing. The preparation provider shall be notified of the recommendation and allowed to respond in writing. The LDE's recommendations and preparation provider's responses will be forwarded to BESE for final disposition, if applicable.

La. Admin. Code tit. 28, § XLV-415

Promulgated by the Board of Elementary and Secondary Education, LR 432490 (12/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(10), R.S. 17:7(6), and R.S. 17:7.2.