View FilePOLICY LETTER: June 14, 2007 to Louisiana Division of Educational Improvement and Assistance Director Dr. Susan A. Aysenne MS Word
Dated June 14, 2007Susan A. Aysenne, Ed.D.DirectorDivision of Educational Improvement and Assistance1201 N. 3rd StreetP.O. Box 94064Baton Rouge, Louisiana 70802Dear Dr. Aysenne:This letter is in response to your electronic mail (email) communication of April 16, 2007, in which you ask the Office of Special Education Programs (OSEP) to confirm, in writing, that it is permissible for the Louisiana Department of Education (LDE) to reallocate the excess Individuals with Disabilities Education Act (IDEA) funds identified in Orleans and, if a reallocation is allowable, what method should be used to distribute these funds to the remaining districts.Under 34 CFR 300.705(c), if a State educational agency (SEA) determines that a local educational agency (LEA) is adequately providing a free appropriate public education (FAPE) to all children with disabilities residing in the area served by that agency with State and local funds, the SEA may reallocate any portion of the funds under Part B of the IDEA that are not needed by that LEA to provide FAPE, to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities residing in the areas served by those other LEAs.Therefore, if LDE determines that the funds identified in Orleans are not re/s/ Patricia J. Guard forAlexa Posny, Ph.D.DirectorOffice of Special Education Programs