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Regular Session, 2011
HOUSE CONCURRENT RESOLUTI ON NO. 1
BY REPRESENTATIVE STIAES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EDUCATION: Amends and repeals rules of the State Board of Elementary and Secondary
Education relative to compliance monitoring
A CONCURRENT RESOLUTI ON1
To amend the State Board of Elementary and Secondary Education rules (LAC 28:XCI.101,2
103(F), 107, 109, 111(A), 303, 305(B), 307, 309(A) and (B), 311(C) and (D), 313(D)3
and (H), and 315(A), (C), and (D)) and to repeal the State Board of Elementary and4
Secondary Education rules (LAC 28:XCI.301(C) through (E), 317, and 501 through5
509), which provide relative to compliance monitoring procedures, and to direct the6
office of the state register to print the amendments and notice of the repeals in the7
Louisiana Administrative Code.8
WHEREAS, as stated in the Constitution of Louisiana, it is the goal of the public9
educational system to provide learning environments and experiences at all stages of human10
development that are humane, just, and designed to promote excellence in order that every11
individual may be afforded an equal opportunity to develop to his full potential; and12
WHEREAS, there is some concern that rules adopted by the State Board of13
Elementary and Secondary Education providing for compliance monitoring procedures with14
respect to children with exceptionalities are in need of revision in order that the public15
educational system may better achieve this goal; and16
WHEREAS, R.S. 49:969 provides that "the legislature, by Concurrent Resolution,17
may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any18
fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency,19
board, or commission".20 HLS 11RS-455 ORIGINAL
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THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC1
28:XCI.101, 103(F), 107, 109, 111(A), 303, 305(B), 307, 309(A) and (B), 311(C) and (D),2
313(D) and (H), and 315(A), (C), and (D) are hereby amended to read as follows:3
Title 284
EDUCATION5
Part XCI. Bulletin 1922---Compliance Monitoring Procedures6
Chapter 1. Overview7
§101. Monitoring8
A. Monitoring is a process to ensure a free, appropriate, public education for9
all children with exceptionalities disabilities and to assess and ensure program10
effectiveness for all children with exceptionalities disabilities in public schools. This11
includes students Students with disabilities, ages 3-21., as well as students identified12
as gifted and talented are included in this process.13
B. The monitoring system for Louisiana, through the analysis of various14
quantitative and qualitative data, will focus state resources on improving educational15
program outcomes for students with exceptionalities disabilities through a16
comprehensive, data-based process. Annually, the Louisiana Department of17
Education (LDE) will select a list of specific variables and performance indicators18
for comparative purposes for all local educational agencies providing services to19
children with exceptionalities. disabilities. This list is may be a combination of20
federally-required indicators, and state performance indicators, or goal areas.21
C. The quantitative data will be used to determine specific performance22
profiles for local educational agencies (LEAs) using data relative to a set of variables23
referenced in 101(B). Performance profiles will be issued annually. The quantitative24
data will be collected in relation to a set of variables selected by a statewide group25
of stakeholders from various agencies and entities called the Continuous26
Improvement Monitoring Process (CIMP) Steering Committee. This group will27
meet at least annually with the Louisiana Department of Education (LDE) to select28
only specific variables or "focus indicators" from all of the variables. The variables29 HLS 11RS-455 ORIGINAL
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selected as "focus indicators" indicators that will be used to determine a LEA's1
performance status.2
D. LEAs will be placed in one of two performance categories within one of3
four population groups based on the total population of students attending public4
schools. Upon validation of quantitative data, LEAs will be notified of their5
performance status. The performance categories are focus and continuous6
improvement.7
1. LEAs designated as focus will receive an on-site compliance monitoring8
visit in order to review qualitative data specific to selected qualitative indicators that9
focus on the LEA's lowest performing indicator areas. Additional data may be10
reviewed prior to and during the on-site visit.11
2. The LEAs designated as continuous improvement will not be targeted to12
receive an on-site compliance visit. Some districts may be required to develop a13
corrective action plan because of triggers within the data that signify concerns such14
as when the performance of students with disabilities is disproportionately below the15
state average in any of the required performance indicators. These performance16
indicators include, but are not limited to suspension, diploma, dropout, and17
state-wide assessment rates. Through the LEA application process and self-review18
summaries, LEAs will, for that year, document and track improvement strategies.19
This documentation will include, not only the allocation of monies in the LEA grant20
application to target corrective action specific to noncompliance issues revealed in21
the LEA's self-review summaries, but also written documentation and tracking of22
other means of corrective action the LEA has taken.23
3. When critical issues of noncompliance are identified by means other than24
the performance profiles (including, but not limited to complaint logs, evaluation25
extension requests, and financial risk assessments), a targeted on-site compliance26
monitoring visit of the LEA may be required by the LDE.27
E. Annually, there will also be selected at random a group of LEAs which28
the LDE will visit for an on-site compliance review. The on-site review for the LEAs29 HLS 11RS-455 ORIGINAL
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designated as random will include a review of a sampling of the qualitative1
indicators for all special education compliance areas. Eight will be chosen from the2
continuous improvement category. 3
F. Embodied in this process are proactive measures of self-evaluation,4
support, and technical assistance to ensure compliance with all regulatory5
requirements at the federal and state levels. Findings from data analysis, as well as6
findings from the on-site compliance visit, will be used to determine and allocate7
various resources for technical assistance and support to the LEA by the LDE.8
§103. Authority9
* * *10
F. Regulations for Implementation of the Children with Exceptionalities Act,11
R.S.17:1941, et. seq., Bulletin 1706: Part A, Regulations for Students with12
Disabilities and Part B, Regulations for Gifted and Talented Students. Subpart I.13
* * *14
§107. Corrective Action and Sanctions15
A. The LDE has the responsibility to monitor all public educational agencies16
with programs for exceptional children with disabilities within the state for17
compliance with applicable state and federal laws, regulations, and standards.18
B. The LDE is authorized to take actions, consistent with applicable law,19
necessary to ensure compliance. Failure on the part of a participating agency to20
comply may result in the LDE, with the approval of its governing authority, the21
Board of Elementary and Secondary Education, withholding funds from the said22
agency. Prior to withholding any funds under this Section, the LDE shall provide23
reasonable notice and an opportunity for a hearing conducted by the State Board of24
Elementary and Secondary Education to the LEA involved.25
C. Each LEA monitored and found to have non-compliant findings will be26
required to develop a corrective action plan (CAP) after receipt of the LDE's27
monitoring report in collaboration with the LDE. LDE determines the need for a28
corrective action plan (CAP) to address findings of non-compliance on an individual29 HLS 11RS-455 ORIGINAL
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LEA case-by-case basis. If the LDE requires a CAP, it will be developed in1
collaboration with the LDE following the LEA's receipt of the LDE's monitoring2
report. The CAP shall be submitted to the LDE within 35 business days of receipt3
of the monitoring report for approval. However, upon receipt of the report, the LEA4
shall immediately begin correcting the non-compliant findings of non-compliance5
documented in the report. Based on a one-year timeframe, the plan will address the6
activities the LEA will implement to correct the areas of non-compliance identified7
during the on-site visit.8
D. The progress toward completing the activities in the plan will be tracked9
by the LDE to determine if the timelines are being met. LEAs will submit evidence10
and data as requested by the LDE to show completion of activities and evidence of11
change in the LEA as a result of the corrective action plan. Based on a review of12
submitted evidence, the LDE will decide whether the LEA has met compliance13
requirements or determine whether a follow-up, on-site visit must be conducted to14
determine if the LEA has made systemic changes to correct non-compliant issues15
addressed in the corrective action plan.16
E. A written report of the findings from a review of the submitted evidence17
or from a follow-up visit will be issued to the LEA by the LDE within 30 business18
days of the review of the evidence or the on-site visit. When the Corrective Action19
Follow-Up Report for a LEA indicates that the LEA has remaining non-compliant20
findings, and there is not sufficient documented evidence provided within the21
mandated timeframe, the LEA will receive a letter directing the LEA to submit22
additional information within thirty business days to prove the deficiencies have23
been corrected and informing the LEA of the possibility of sanctions if the issues are24
not immediately corrected.25
F. At the end of the 30 business days in Subsection E above, if the LEA has26
not produced sufficient data to indicate that compliance has been met, the LDE shall27
impose further corrective action and sanctions on the LEA.28 HLS 11RS-455 ORIGINAL
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G. When an LEA has not produced sufficient data to indicate that1
compliance has been met through the approved Corrective Action Plan, When2
continuing non-compliance is identified, the department LDE will require that an3
Intensive Corrective Action Plan (ICAP) be developed by the LEA in collaboration4
with the department to address the continuing non-compliant findings. In conjunction5
with the implementation of the approved plan, the department will take impose one6
or more of the following sanctions described below.7
1. Advise the LEA of available sources of technical assistance that may help8
the LEA.9
2. Direct the LEA to present the ICAP to the local school board for approval.10
3. Direct the LEA to use IDEA Part B flow-through funds on the area or11
areas that the LEA is non-compliant. The LEA will submit evidence to the12
department of the specific funds targeted for areas of non-compliance. The13
department will monitor the expenditure of such funds on a consistent basis. The14
department will appoint a special consultant or management team to oversee the15
intensive CAP, which will be funded at the local level. The CAP appointment of the16
special consultant or management team must be submitted to the local school board.17
4. The LDE, in collaboration with the LEA, will may determine that a18
special consultant or management team to oversee the ICAP, which will be funded19
at the local level. is necessary to assist the LEA in addressing areas of non-20
compliance. The LDE will select a special consultant or management team to21
collaborate with the LEA in developing and implementing an intensive corrective22
action plan. The special consultant and the ICAP appointment of the special23
consultant or management team activities must be submitted to approved by the local24
board and will be funded at the local level.25
5. Identify the LEA as a high-risk grantee and impose special conditions on26
the LEA's IDEA Part B grant. The department will impose one or more of the27
following special conditions.28 HLS 11RS-455 ORIGINAL
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a. For each year of continuing non-compliance, withhold not less than 201
percent and not more than 50 percent of the LEA's IDEA Part B grant until the2
department determines the LEA has sufficiently addressed the areas in which the3
LEA needs intervention.4
b. Seek to recover funds under Section 452 of the General Education5
Provisions Act.6
c. Withhold, in whole or in part, any further payments to the LEA under this7
part pursuant to Subparagraph a.8
d. Refer the matter for other appropriate enforcement action.9
§109. Components of the Continuous Improvement Monitoring Process10
A. The monitoring system will be implemented as a process that includes11
various components. This process will be comprehensive and continuous to include12
the use of various data sources. The monitoring system will be an ongoing process13
through the use of different components, rather than a cyclical process occurring on14
a scheduled basis.15
B. The monitoring system will may incorporate and utilize strategies and16
components as listed below.17
1. Analyze self-review summaries completed at the local level, which are18
integrated to review the appraisal process as it relates to the development and19
implementation of programming, as well as review programming issues.20
2. Analyze current data elements and databases that are captured by the LDE21
and are directly related to student outcomes.22
3. 2. Analyze the LEA grant application to track and monitor the allocation23
and use of Part B funds targeted to address priorities revealed through previous data24
sources in the monitoring process, as well as policy and procedural assurances.25
4. 3. Review complaint management logs regarding specific complaints in26
individual LEA.27
5. 4. Analyze Extended School Year Program data.28
6. Analyze Annual School Report data.29 HLS 11RS-455 ORIGINAL
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7. 5. Analyze district and school accountability profiles.1
8. 6. Analyze FAPE tables and other mandated federal data reporting (i.e.,2
e.g., personnel tables, child count data).3
9. Review ongoing fiscal monitoring of the use of Parts B funds through4
on-site visits and project completion reports.5
10. 7. Analyze Pupil Progression Assurances/Reviews.6
11. 8. Review the personnel files related to certification, experience and7
training documentation.8
12. 9. Track corrective action on noncompliant issues areas of non-9
compliance and validate previous corrective action reviews, documentation, and10
on-site reviews.11
§111. Purpose12
A. The LDE has the responsibility to ensure that each participating agency13
in the state is in compliance with all applicable federal and state laws, regulations14
and standards required for the provision of a free and appropriate public education15
for all exceptional children with disabilities for whom each is legally responsible.16
To fulfill this responsibility, the LDE has established a purpose for conducting17
monitoring, as well as procedures and strategies that provide ongoing monitoring18
activities. The procedures provide continuous and comprehensive monitoring of all19
aspects of special education including the following:20
1. child identification;21
2. demographic and disproportionality issues;22
3. screening, intervention, referral, and evaluation process;23
4. program, services, and placement implementation for students with24
disabilities three through twenty-one years of age;25
5. program, services, and placement implementation for gifted/talented26
students;27
6. professional development; and28 HLS 11RS-455 ORIGINAL
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7. 6. fiscal requirements relative to programmatic issues of local educational1
agencies.2
* * *3
Chapter 3. Operational Procedures for Compliance Monitoring4
* * *5
§303. Timelines6
A. Before the start of each monitoring cycle, each LEA will be issued a7
performance profile and a designation into which category the LEA fell. Within two8
weeks after the designations are made, a schedule of on-site visits will be issued to9
LEAs designated as focus and random. A schedule of on-site visits will be issued to10
LEAs by September of each year.11
§305. On-Site Visits12
* * *13
B. Non-employees selected to serve as team members will be initially14
required to receive a minimum of 16 eight hours of professional development15
specific to conducting on-site monitoring, conducted by the LDE, with follow-up16
training on an annual basis. In addition, team leaders, serving in coordination with17
staff team leaders, will be required to receive 32 24 hours of professional18
development specific to leadership, investigative techniques for specific regulatory19
areas, and assimilating data for report writing conducted by the LDE, with follow-up20
training annually and throughout the year as necessary as determined by the state21
monitoring coordinator. Participants will receive a certificate that indicates their22
completion of the required annual professional development activity.23
§307. Regulatory Issues Reviewed On-Site24
A. For focus category LEAs, the regulatory issues and qualitative and25
quantitative indicators reviewed will be specific to the variables targeted in the26
LEA's performance profile. These visits will focus on selected issues. In the event27
that other critical issues or triggers are identified by means other than the28
performance profiles, the LDE will direct the team to monitor those issues for29 HLS 11RS-455 ORIGINAL
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non-compliance. These other means may include, but are not limited to, complaint1
logs, evaluation extension requests, and financial risk assessments.2
B. For random category LEAs, the on-site team will review a sampling of3
qualitative indicators from each of the variables on the performance profile, and any4
other critical issues or triggers identified by other means including, but not limited5
to, complaint logs, evaluation extension requests, and financial risk assessments.6
C. The LDE will reserve the right to direct the team to review any and all7
regulatory issues that indicate non-compliance status in a LEA.8
D. C. Data for the following major regulatory issues will may be analyzed,9
reviewed, and utilized in the self-review and on-site monitoring process:10
1. child identification;11
2. individual evaluation;12
3. IEP development;13
4. provision of a free, appropriate, public education;14
5. participation in statewide assessment;15
6. transition at different programming levels;16
7. placement in the least restrictive environment;17
8. professional development and personnel standards;18
9. program comparability (ASR);19
10. facility accessibility and comparability;20
11. procedural safeguards;21
12. extended school year programming; and22
13. discipline procedures.; and23
14. gifted and talented services and programs.24
§309.Activities Conducted Prior to the On-Site Visit25
A. Prior to the on-site visit, quantitative data collected by the LDE specific26
to the LEA will be reviewed and analyzed, and will include the following:27
1. self-review data submitted by the LEA;28
2. performance profiles;29 HLS 11RS-455 ORIGINAL
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3. 2. LEA Application for IDEA Part B funds;1
4. 3. complaint logs and due process hearings relative to the LEA;2
5. 4. files/logs indicative of technical assistance provided to the LEA by the3
LDE;4
6. annual school report data;5
7. 5. information relative to the state's accountability system which is6
school-site specific;7
8. 6. school improvement plans;8
9. 7. data relative to statewide assessment for participation and performance;9
10. 8. data derived from the District Composite Reports;10
11. 9. information relative to certifications and professional development11
activities provided to personnel and parents; and12
12. 10. any other data the LDE determines is necessary to review as part of13
a comprehensive data review of the LEA.14
B. The LEA supervisor/director of special education will be contacted, if15
necessary, for clarification of any concerns regarding the data. The data analysis will16
determine the locations within the LEA to be visited, the number and types of17
records to be reviewed, the methods, such as interviews, record review, and18
classroom observations, that will be used for validation of qualitative issues during19
on-site visits, and the composition of the monitoring team.20
* * *21
§311. Activities Conducted During the On-Site Visit22
* * *23
C. Team members will visit sites, make observations, review records, and24
interview personnel. Student input will be collected through a student focus group25
meeting or interviews.26
D. A member of the The team leader will meet with the LEA special27
education director to review administrative issues. Additional data/information may28 HLS 11RS-455 ORIGINAL
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be requested if further analysis is required for determining compliance status for1
specific regulatory issues.2
§313. Activities/Procedures at the Completion of the On-Site Visit3
* * *4
D. Upon receipt of the report, the LEA will have 20 business days from the5
date of receipt of the report to respond to any findings, and 15 additional business6
days to develop a plan of corrective action to address non-compliant findings of non-7
compliance described in the summary.8
* * *9
H. If the LEA does not accept the findings, there will be a period of 1010
business days allowed for discussion and clarification of the findings and discussion11
of needed corrective action to become compliant.12
I. If acceptance of the report by there is no response from the LEA is not13
reached within the established timelines, the State Director of Special Education will,14
within five business days, notify the State Superintendent of Education.15
§315. Validation of Corrective Action16
A. Upon receipt of the approved compliance document Corrective Action17
Plan (CAP), the LEA must begin to submit documentation of completed activities18
from the corrective action plan CAP agreed upon by the LEA and the LDE.19
* * *20
C. All corrective action must be completed in accordance with the timelines21
that relate to each specific non-compliant issue area of non-compliance.22
Documentation must be submitted to the LDE within the required timelines.23
D. The LDE will conduct, when necessary, an on-site visit in the year24
following the initial on-site visit, or sooner if deemed necessary by the LDE, to25
validate the documentation of the implementation of the corrective action and to26
validate systemic change of non-compliant issues areas of non-compliance.27
* * *28 HLS 11RS-455 ORIGINAL
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BE IT FURTHER RESOLVED that LAC 28:XCI.301(C) through (E), 317, and 5011
through 509 are hereby repealed in their entirety.2
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is3
hereby directed to transmit a copy of this Resolution to the office of the state register, the4
president of the State Board of Elementary and Secondary Education, and the state5
superintendent of education.6
BE IT FURTHER RESOLVED that the office of the state register is hereby directed7
to have the amendments to and notice of repeals of these rules printed and incorporated into8
the Louisiana Administrative Code and to transmit a copy of the revised rules to the9
president of the State Board of Elementary and Secondary Education and the state10
superintendent of education.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stiaes HCR No. 1
Present rule provides generally for a system of compliance monitoring procedures designed
to improve educational outcomes for students with exceptionalities through the use of certain
qualitative and quantitative data.
Proposed rule makes certain revisions to present rule, including the following:
(1)Changes terminology from students with "exceptionalities" to students with
"disabilities".
(2)Removes students identified as gifted and talented from the compliance monitoring
process.
(3)Removes rules relative to random on-site compliance review visits by the state Dept.
of Education.
(4)Revises procedures with respect to the development of the corrective action plan
(CAP) resulting from non-compliant findings by the state Dept. of Education.
(5)Removes rules relative to self-review procedures conducted at the local level by local
education agencies.
(6)Removes rules relative to fiscal monitoring pertaining to special education
performed by the state Dept. of Education.
Directs the clerk of the House of Representatives to transmit copies of the Resolution to the
office of the state register, the president of BESE, and the state superintendent of education. HLS 11RS-455 ORIGINAL
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Directs the office of the state register to print the amendments to and notice of repeals of the
rules in the La. Administrative Code and to transmit a copy of the revised rules to the
president of BESE and the state superintendent of education.
(Amends LAC 28:XCI.101, 103(F), 107, 109, 111(A), 303, 305(B), 307, 309(A) and (B),
311(C) and (D), 313(D) and (H), and 315(A), (C), and (D); Repeals LAC 28:XCI.301(C)-
(E), 317, and 501-509)