Part-Time, Seasonal or Temporary Classroom Teacher

This policy revision to §515, required by Act 921 of the 2010 Regular Legislative Session, relates to the Teachers’ Retirement System of LA and the rehiring of retirees. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741—Louisiana Handbook for School Administrators—Textbooks (LAC 28:CXV.1703)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741—Louisiana Handbook for School Administrators: §1703. Textbooks. This policy revision, required by Act 328 of the 2010 Regular Legislative Session, relates to the use of state funds to purchase textbooks and computer hardware.

Title 28

EDUCATION

Part CXV. Bulletin 741—Louisiana Handbook for School Administrators

Chapter 17. Instructional Support

A. - B. …

C. State funds appropriated through the MFP may be used to buy books on the state-adopted textbook lists and academically related ancillary materials or computer hardware according to the state guidelines.

C.1. - D. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:8, R.S. 17:351 et seq.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1286 (June 2005), amended LR 37:

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

This policy revision, required by Act 328 of the 2010 Regular Legislative Session, relates to the use of state funds to purchase textbooks and computer hardware. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741―Louisiana Handbook for School Administrators―Written Policies and Procedures

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741―Louisiana Handbook for School Administrators: §337. Written Policies and Procedures. These policy revisions, required by Acts 214 and 413 of the 2009 Regular Legislative Session and Acts 404 and 498 of the 2010 Regular Legislative Session, require school districts to have policies and procedures to address employee electronic communication with students,

fire safety inspections, physical abuse of public school teachers and employees, and collection of student biometric information.

Title 28

EDUCATION

Part CXV. Bulletin 741―Louisiana Handbook for School Administrators

§337. Written Policies and Procedures

A. - B. …

C. Each LEA shall have policies and procedures that address, but are not limited to, the following:

1. - 19. …

20. the electronic communications by an employee at a school to a student enrolled at that school (refer to §1141);

21. the inspection by qualified persons of all fire safety and prevention equipment, including fire alarm and smoke detection devices (refer to §1501);

22. the physical abuse of public school teachers and other school employees by students (refer to §521);

23. the collection of student biometric information (refer to §1149).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6; R.S. 17:7(29); R.S. 17:81; R.S.17:240; R.S. 17:100.8.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1261 (June 2005), amended LR 33:429 (March 2007), LR 35:1101 (June 2009), LR 36:1224 (June 2010), LR 37:

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights of parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

These policy revisions, required by Acts 214 and 413 of the 2009 Regular Legislative Session and Acts 404 and 498 of the 2010 Regular Legislative Session, require school districts to have policies and procedures to address employee electronic communication with students, fire safety inspections, physical abuse of public school teachers and employees, and collection of student biometric information. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 1196—Louisiana Food and Nutrition Programs, Policies of Operation—Program Operations

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 1196—Louisiana Food and Nutrition programs, Policies of Operation: §513. Program Operations. Bulletin 1196 is the policy manual designed to provide useful guidance and information for the purpose of improving regulatory compliance and to enhance the understanding and operation of the Child Nutrition Programs in Louisiana. Due to changes from the 2010 Legislative session pertaining to the Child Nutrition Program, it was imperative to revise Chapter 5 in Bulletin 1196. These changes affect the policy in denying meals to ‘public elementary school students.’ These revisions will consolidate necessary changes to Child Nutrition Programs; therefore, making Bulletin 1196 more useful to the local systems throughout the state.

A. - B.1. …

C. Denying Meals to Students for Failure to Pay

1. General

a. The SFA is not obligated to continue providing meals without receiving payment. The students' ability to pay is determined through the free and reduced price meal application process. Those students not eligible for free meals must pay for their meals at the prices established for full price and reduced price students. Regulations do not prohibit a school system from denying a meal to paying students who have not paid for the meal.

2. Denying Meals to Public Elementary School Students

a. If the governing authority of a public elementary school adopts a policy of denying a scheduled meal to an elementary school child for the reason that the child’s parent or guardian has failed to pay for the meal, it shall implement the following procedures to provide for safeguards to the child’s health and the child’s ability to learn.

i. Prior to withholding a meal from the child, the school shall do each of the following:

(a). provide actual notification to the child’s parent or legal guardian as to the date and time after which meals may be denied, the reason for such denial, any action that may be taken by the parent or legal guardian to prevent further denial of meals, and the consequences of the failure to take appropriate actions to prevent such denial, including that the school governing authority shall contact the Department of Children and Family Services upon the third instance of such denial during a single school year, as provided in Clause iii of this Paragraph;

(b). verify with appropriate school staff that the child does not have an Individual Education Plan that requires the child to receive meals provided by the school to ensure that neither the child’s health nor learning ability will be negatively affected by denying the child meals during school hours.

ii. If the school denies a scheduled meal to a child, the school shall provide a sandwich or a substantial and nutritious snack item to the child as a substitute for the meal denied.

iii. Upon the third instance during a single school year of the same elementary school child being denied a meal during school hours, the school governing authority shall contact the office of community services within the Department of Children and Family Services to report the failure of the parent or guardian to pay for meals which has resulted in repeated denials of meals during school hours.

b. If the governing authority of a public elementary school adopts a policy of denying a scheduled meal to an elementary school child for the reason that the child’s parent or guardian has failed to pay for the meal, it shall implement additional procedures to ensure compliance with the nondiscrimination provisions of R.S. 17:195(A).

c. If the governing authority of a public elementary school adopts a policy of denying a scheduled meal to an elementary school child for the reason that the child’s parent or guardian has failed to pay for the meal, the governing authority shall document each instance that a child is denied a meal in the elementary school under its authority and shall report annually to the state superintendent of education, to the House Committee on Education, and to the Senate

Committee on Education relative to the number of instances of denials of meals to children during school hours, the reason for the denial of meals to the child, the age and grade of each child so denied, and whether the child qualifies for free and reduced price lunch programs.

d. No governing authority of a public elementary school shall implement a policy that bans the use of charitable funds donated by school employees or the use of other charitable funds to pay for a child’s meal in the event that he is subject to the denial of a meal during school hours.

3. Discrimination against any individual by a nutrition program provider because of his inability to pay and the publishing of the name of any such individual is prohibited. Any public school employee who discloses such information, except as reasonably necessary in the conduct of his official duties, shall be subject to the penalties, upon conviction, of a fine of not more than $100, or imprisonment for not more than 90 days, or both. School employees are prohibited from disclosing such information to any student for any reason.

D. - E.13.a. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:191-199.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 27:2130 (December 2001), amended LR 29:2025 (October 2003), LR 32:1425 (August 2006), LR 37:

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a Rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

The policy revisions to Chapter 5 in Bulletin 1196, required by Act 737 of the 2010 Regular Legislative Session, pertain to instances of potentially denying meals to public elementary school students. These changes will not result in an increase in costs or savings to local governmental units.

The State Board of Elementary and Secondary Education estimated cost for printing this policy change and first page of the fiscal and economic impact statement in the Louisiana Register is approximately $272.00. Funds are currently budgeted for this purpose.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no estimated effect on revenue collection of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to directly affect persons or non-governmental groups.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Beth Scioneaux	H. Gordon Monk
Deputy Superintendent	Legislative Fiscal Officer
1012#072	Legislative Fiscal Office

NOTICE OF INTENT

Board of Elementary and Secondary Education

Bulletin 1530—Louisiana’s IEP Handbook for Students with Exceptionalities (LAC 28:XCVII.105, 113, 117, and 505)

Editor’s Note: This Notice of Intent is being repromulgated to correct codification errors. The original Notice may be viewed on pages 2684-2686 of the November 20, 2010, edition of the Louisiana Register.
In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 1530Louisiana’s IEP Handbook for Students with Exceptionalities: §105. Timelines, §113. IEP Timelines, §117. Placement/Least Restrictive Educational Environments, §505. Alternate Assessment Participation Criteria. Revisions to §105 and §113 eliminate ambiguity and provide clarity pertaining to timelines and IEP amendments. Revisions to §117 reflect the new federal reporting guidelines for the preschool Placement/Least Restrictive Educational Environments. The revisions in §505 reflect the requirement to include End of Course (EOC) in the LAA 2 participation criteria.

Title 28

EDUCATION

Part XCVII. Bulletin 1530—Louisiana’s IEP Handbook for Students with Exceptionalities

Chapter 1. Individualized Education Program (IEP)

§105. Timelines

A. - A.2.b. …

c. Students who have been receiving special education in one LEA in Louisiana who transfer to another LEA within Louisiana shall be enrolled in the appropriate special education program in the receiving LEA with the current IEP or the development of a review IEP within five school days of the transfer.

B. - B.2.b. …

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 35:2332 (November 2009), amended LR 37:

A. In making changes to a student’s IEP after the annual IEP Team meeting for a school year, the parent of a student with a exceptionality and the public agency may agree not to a convene an IEP Team meeting for the purposes of making those changes, and instead may amend or modify the student’s current IEP.

1. - 4. …

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 35:2335 (November 2009), amended LR 37:

§117. Placement/Least Restrictive Educational Environments

A. - A.7.a. …

B. For Students with Exceptionalities Ages 3-5. In determining the appropriate setting for a preschool-aged student, each setting noted shall be considered; but the list should not be considered a continuum of least restrictive environment. The settings for preschool-aged students, three through five years, are defined as follows.

1. For Students with Disabilities Ages 3-5

a. Attending a regular early childhood program at least 10 hours per week:

i. receives the majority of special education and related services in the regular early childhood program;

(a). regular early childhood programs include, but are not limited to Head Start, kindergarten, private kindergarten or preschools, preschool classes offered to an eligible pre-kindergarten population by the LEA (e.g., LA 4, Title I); and group child development center or child care;

ii. receives the majority of special education and related services in some other location.

b. Attending a regular early childhood program less than 10 hours per week:

i. receives the majority of special education and related services in the regular early childhood program;

ii. receives the majority of special education and related services in some other location.

c. In early childhood special educationseparate class:

i. attends a special education program in a class that includes less than 50 percent nondisabled children. Special education programs include, but are not limited to special education and related services provided in special education classrooms in regular school buildings; trailers or portables outside regular school buildings; child care facilities; hospital facilities on an outpatient basis; and other community-based settings.

d. In early childhood special educationseparate school:

i. receives special education in a public or private day school designed specially for children with disabilities.

e. In early childhood special educationresidential facility:

i. receives special education in a public or privately operated residential school or residential medical facility on an inpatient basis.

f. Receiving special education and related services at home:

i. when the child does not attend a regular early childhood program or special education program, but the child receives some or all of his/her special education and related services in the home. Children who receive special education both in a service provider location and at home should be reported in the home category.

g. Receiving special education and related services at service provider location:

i. when the child receives all of their special education and related services from a service provider and does not attend an early childhood program or a special education program provided in a separate class, separate school, or residential facilities. For example, speech therapy is provided in private clinicians’ offices; clinicians’ offices located in school buildings; hospital facilities on an outpatient basis, and libraries and other public locations.

2. For Students who are Gifted and/or Talented Ages 3-5

a. Attending a regular early childhood program at least 10 hours per week:

i. receives the majority of special education and related services in the regular early childhood program;

(a). regular early childhood programs include, but are not limited to Head Start, kindergarten, private kindergarten or preschools, preschool classes offered to an eligible pre-kindergarten population by the LEA (e.g., LA 4, Title I), and group child development center or child care;

ii. receives the majority of special education and related services in some other location.

b. Attending a regular early childhood program less than 10 hours per week:

i. receives the majority of special education and related services in the regular early childhood program;

ii. receives the majority of special education and related services in some other location.

c. In early childhood special educationseparate class:

i. attends a special education program in a class that includes less than 50 percent nondisabled children. Special education programs include, but are not limited to special education and related services provided in special education classrooms in regular school buildings; trailers or portables outside regular school buildings, and child care facilities.

d. In early childhood special educationresidential facility:

i. attends a public or privately operated residential school or residential medical facility on an inpatient basis.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 35:2335 (November 2009), amended LR 37:

Chapter 5. Participation in Statewide Assessments

§505. Alternate Assessment Participation Criteria

A. - A.3.j. …

B. LEAP Alternate Assessment, Level 2 (LAA 2)

1. The student scored at the Unsatisfactory level in English language arts and/or mathematics on the previous year’s LEAP/iLEAP/GEE or scored Needs Improvement on the English II or English III and/or Algebra 1 or Geometry EOC or participated in the LAA 1 or LAA 2.

B 2. - C. …

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 35:2343 (November 2009), amended LR 37:

Family Impact Statement

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., January 9, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

The policy changes are to eliminate ambiguity and provide clarity, to reflect the revised federal reporting guidelines by the Office of Management and Budget for the preschool settings for student with disabilities, and for the inclusion of the End of Course achievement level scores in the LAA2 participation criteria.

There will be a cost of $328 to publish the rule change in The Register. There will be no implementation costs to local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local government.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to directly affected persons or non-governmental groups.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition or employment.

Jeanette Vosburg	H. Gordon Monk
Executive Director	Legislative Fiscal Officer
1012#041	Legislative Fiscal Office

NOTICE OF INTENT

Board of Elementary and Secondary Education

Membership Foundation Program—Student Membership (LAC 28:I.1107)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education approved for advertisement revisions to the Louisiana Administrative Code, Title 28, Part I, §1107. MFP: Student Membership Definition. Louisiana Administrative Code, Title 28, Part I, Section 1107.C contains the Minimum Foundation Program Student Membership Definition. The current Minimum Foundation Program Formula includes students within the Office of Juvenile Justice schools. The membership definition is being aligned with the current Minimum Foundation Program Formula.

Title 28

EDUCATION