§1943. Administration and supervision
A.
(1)Except as otherwise provided in Paragraph (2) of this Subsection, the
provisions of this Chapter shall be administered at the state level by the state Department of
Education, with the approval of the State Board of Elementary and Secondary Education, and
on the city or parish level by local education agencies.
(2)The state Department of Education, with the approval of the State Board of
Elementary and Secondary Education, shall provide only general supervision and monitoring
when the provisions of this Chapter are administered through or in other state agencies.
B.
(1)The State Board of Elementary and Secondary Education shall promulgate
rules, regulations, and policies necessary for the administration of this Chapter and the
implementation of
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§1943. Administration and supervision
A.(1) Except as otherwise provided in Paragraph (2) of this Subsection, the
provisions of this Chapter shall be administered at the state level by the state Department of
Education, with the approval of the State Board of Elementary and Secondary Education, and
on the city or parish level by local education agencies.
(2) The state Department of Education, with the approval of the State Board of
Elementary and Secondary Education, shall provide only general supervision and monitoring
when the provisions of this Chapter are administered through or in other state agencies.
B.(1) The State Board of Elementary and Secondary Education shall promulgate
rules, regulations, and policies necessary for the administration of this Chapter and the
implementation of the requirements of the Individuals with Disabilities Education
Improvement Act of 2004.
(2)(a) The governor or his designee shall ensure that an interagency agreement or
other mechanism for interagency coordination is in effect between each public agency
described in Subparagraph (b) of this Paragraph and the state educational agency, in order
to ensure that all services described in Subparagraph (b) of this Paragraph that are needed to
ensure a free appropriate public education are provided, including the provision of such
services during the pendency of any dispute under Item (iii) of this Subparagraph. Such
agreement or mechanism shall include the following:
(i) An identification of, or a method for defining, the financial responsibility of each
agency for providing services described in Subparagraph (b) of this Paragraph to ensure a
free appropriate public education to students with disabilities, provided that the financial
responsibility of each public agency described in Subparagraph (b) of this Paragraph,
including the state Medicaid agency and other public insurers of students with disabilities,
shall precede the financial responsibility of the local education agency or the state agency
responsible for developing the student's individualized education program.
(ii) The conditions, terms, and procedures under which a local education agency shall
be reimbursed by other agencies.
(iii) Procedures for resolving interagency disputes, including procedures under which
local education agencies may initiate proceedings, under the agreement or other mechanism
to secure reimbursement from other agencies or otherwise implement the provisions of the
agreement or mechanism.
(iv) Policies and procedures for agencies to determine and identify the interagency
coordination responsibilities of each agency to promote the coordination and timely and
appropriate delivery of services described in Subparagraph (b) of this Paragraph.
(b) If any public agency other than an educational agency is otherwise obligated
under federal or state law, or assigned responsibility under state policy or pursuant to
Subparagraph (a) of this Paragraph, to provide or pay for any services that are also
considered special education or related services that are necessary for ensuring a free
appropriate public education to students with disabilities within the state, such public agency
shall fulfill that obligation or responsibility, either directly or through contract or other
arrangement.
(c) If a public agency other than an educational agency fails to provide or pay for the
special education and related services described in Subparagraph (b) of this Paragraph, the
local education agency or state agency responsible for developing the student's individualized
education program shall provide or pay for such services to the student. Such local education
agency or state agency may then claim reimbursement for the services from the public agency
that failed to provide or pay for such services, and such public agency shall reimburse the
local education agency or state agency pursuant to the terms of the interagency agreement or
other mechanism described in Item (a)(i) of this Paragraph according to the procedures
established in such agreement pursuant to Item (a)(ii) of this Paragraph.
(d) The requirements of Subparagraph (a) of this Paragraph may be met through state
law or regulation, signed agreements between respective agency officials that clearly identify
the responsibilities of each agency relating to the provision of services, or other appropriate
written methods as determined by the governor or his designee.
C. The state Department of Education shall establish pupil-teacher ratios and class
sizes taking into account the chronological age of the student with an exceptionality, the
severity of the disability, and the type of exceptionality.
NOTE: SEE ACTS 1984, NO. 851, §3 AND §4.
Acts 1977, No. 754, §1. Acts 1984, No. 851, §1; Acts 1987, No. 640, §1, eff. July
9, 1987; Acts 1990, No. 1072, §1; Acts 1992, No. 458, §1, eff. June 20, 1992; Acts 1998, 1st
Ex. Sess., No. 109, §1, eff. May 5, 1998; Acts 2001, No. 181, §1; Acts 2002, 1st Ex. Sess.,
No. 92, §1, eff. April 18, 2002; Acts 2008, No. 376, §1; Acts 2022, No. 374, §1.