POLICY LETTER: December 11, 2008 to Louisiana State Department of Education Acting Director of Division of Educational Improvement and Assistance Susan W. Batson

12/11/2008Ms. Susan W. BatsonActing DirectorDivision of Educational Improvement and AssistanceState of Louisiana, Department of EducationPO Box 94064Baton Rouge, LA 70804-9064Dear Ms. Batson:This is in response to your letter to me, dated October 10, 2008, in which you request guidance on the use of funds under Part B of the Individuals with Disabilities Education Act (IDEA) for professional development related to Louisiana's Positive Behavior Supports (PBS) Initiative. You indicate in your letter that Louisiana uses a portion of its Part B State set-aside funds to provide professional development, technical assistance and support to school districts and to support the eight Regional Coalitions throughout Louisiana. You further state that your auditors have indicated that, because some regular education personnel are trained as part of this initiative, whether or not they are directly providing instruction to special education students, the funding for the PBS Initiative should not be 100% IDEA funds. You indicate that the Louisiana Department of Education staff is committed to PBS and do not believe that successful PBS professional development can be done in isolation; the entire school, including instructional and support staff, must be committed and trained in order for PBS to achieve the results you seek.Under 34 CFR 300.704(b)(4)(i), (iii) and (viii), funds reserved by the State can be used for support and direct services, including technical assistance, personnel preparation, and professional development and training; to assist local educational agencies (LEAs) in providing positive behavioral interventions and supports and mental health services for children with disabilities; and to support capacity building activities and improve the delivery of services by LEAs to improve results for children with disabilities. Furthermore, IDEA requires that regular education teachers will to the extent appropriate, participate in the development of the IEP of the child, including the determinSincerely,/s/William W. KnudsenActing DirectorOffice of Special Education ProgramsPage PAGE 2 - Ms. Susan Batson