DEPARTMENT OF February 26, 2019 Mr. Robert Bell, Principal Latessia McClellan Lake Forest Charter School -- 11110 Lake Forest Blvd. New Orleans, LA 70116 NEW Orleans, LA 70128 RE: Special Education Eormai Complaint Nos-on behairor-wcclellan Dear Mrs, McClellan and Mr. Bell: On February 26, 2019, the Louisiana Department of Education ("Department") received a Request for Special Education Formal Complalm' investigation from Latessia McClellan i"Parent"), the parent or a student who resides and attends school at Lake Forest charter Eiementary ("the District"). Parent requested that the Department conduct a special education investigation consistent with Louisiana Bulletin 1706 151-153. Under federal and state iaw, the Department must and is only authorized to investigate written complaints that allege violations of the individuals with Disabilities Education Act and/or the Louisiana Education of Children with Exceptionalities Act. In this case, the Department has determined that even it accepted as true, the complaint allegations do not imply any violation of those laws or regulations that would authorize the Department to investigate. In her complaint, Parent alleged that Lake Forest charter Elementary, a public charter school in Orleans Parish, failed to provide the student the gifted and talented special education and related services outlined in the student's Individualized Education Program Unlike the IDEA which is a federal law governing students with disabiiltles, any rights of gifted and taiented students are created by state law, specifically La. R.S. 17:1941 (2018). One of our state laws governing public charter schools is and it reads: Notwithstanding any state law, rule, or reguiatlon to the contrary and except as may be otherwise specifically provided for in art approved charter, a charter school established and operated in accordance with the provisions of this chapter and its approved charter and the school's officers and employees shall be exempt from ail statutory mandates or other statutory requirements that are applicable to public schools and to public school officers and employees except for the following laws otherwise applicable to public schools with the same grades:" iemphasis added) Approved public charter schools are exempt from mandatory compliance with the girted and talented statutes because it is not listed as an exemption exception Louisiana Believes or? ct lazy A i imam no i: t; ant," i I Special Education Formal Complaint No.- February 26, 2019 Page 2 In conclusion, Parent's complaint and investigation request does not allege a Violation of the Individuais with Disabilities Education Act or an actionable violation of the Louisiana Education of Children with Exceptionalities Act. As a result, this complaint investigation request is dismissed because the Department is not authorized to investigate this complaint or require the District to take any action based on these complaint allegations. Sincerely Parris A. Taylor, Attorney Office of General Counsel Louisiana Department of Educationrs'h Floor (225) 34273572 iphonei/(ZZS) 342-1197 (fax) DisputeResolutlun.DOE@l gov CC: Gina Dupart, Board President, Lake Forest Charter School (email onlyi Laverne Fleming, Assistant Director, Orleans Parish School Board (email only) RE RE 0R SPECIAL EDUCATION FORMAL COMPLAINT INVESTIGATION LDE Log No. or required to use ms form (a request a complaint investigatlon; however, all complamt investlgatinn requests must be signed and must Include all of Ihe lnformation required by law A checkl provided on (he second page of form for you to use before lhe completed forms lf your request lS studentv specific, you must provide the student's name and school li your request alleges systemic wolafions of speclal educaiion law, the "Student Information" sectlon and complete the rest of khe form 1' Student Inlorrnon'on Address-- CW New Orleans Slate: La le' 70116 Phone number -- snare number -- Lake Forest Chaner Elementary Name or school srudenr attends/attended Mare remsle Grade. Race Exceptwnalny- ls smdenrcurrennvreserving speual educatlon servlces' Yes No 1. Requestar Information Requesror Name Ma'ke'l'y 5* Laless'a to student Parents Address -- my New Orleans 5mm LA pp, 70116 Phonenumbe' Alternate phone number:-- Fax number: Emall address -- Does requester need accommodahons In order to process? Ves Nd 3. Complain! Information must allege a vror'almn o/lhe 'nd'wduals won Duamlme: Eduzarrnn Iggy/arm"; The norerrsn mus: harp mom one year oe/ore the Department rece'ved me (amplamt mvesllyarlan requexr oescnoe M: lawman/Harare o/ dupurr are the relevant ram, oeoo/e. dam, more" Eventsmm: were on Me vwemgamr ,nsorn revrew Ihur moon snegononrw W1: we Lm/ ms cumplalnt and veouesr 'av Anvesugalmn rs belng soomrueo due several v-olanons by LAKE FOREST CHARTER ELEMEYARV SCHOOL vor me lollowlng reasons Lack ul response 1mm 2 Annuzl rev rev-en nu' held by anmversary dale or 12:17 3 All requvad pzvsuns nor pvesenl < 4. Notification lar Complaint Invexliuation Bylederol and state regulation, you must send a mpy o/the request/m tamplainr lnvexligution to the Indicate below when and to whom yuu sent the mpy afthe camp/aim mm. 2 352019 Laverne Fleming Specter Education Director or Supertntendent Date liZnC-cnromofiameuvtue sur-eznno money. uumu Mathng Address lavemejemmglionsbus Tracking apphcabl:) [mart address nt rnvestrgotran Requestor's Berore submimng your request for a format comp amt rnyestrgation, please make sure ynu have compreted the rterns hsted bemw mu proyrded the student's name, contact mformatron, and name a! the school or sthool the student attends when a funnel complarnt mvesugahon on beha'f of an student, (Section 1| Vou provtded your name, address, Emafl, and contact mformaticn where you can be re ched (Seetron 2) I You provided detaded mformation about when, where, and how the aneged Violatmn took ptace. {Section at Yuu provrded a pmposedsuluhunm the problem (Section 3e.) Vou signed your cumplaint (Sectan 5) .1 Van sent a signed copy of your campratnt lo the schom (Semen 4) Onw alteged vrotatrons that occurred ONE VEAR otthe date the Department racemes the complamt rnvestrgatron request wm oe consrdered (Sectron 3 Mud, ray nr eman your complam to Louisiana Department of Education DE me Attn: Leger 1201 North 3rd Street Baton Rouge, LA 70302 Fax: (225} 342-1197 Email: DisguleResolution E. agar on mans LDE Log No you must also send a signed (any a] your Request fur Formal Inyeshgauon to the specro/ eduwnon direcmr superrntendenr 0/ the serum drsm'cr that dI/eged/y the vro/otron. needs of the parent or student mm disabr/ny porncipate the investigation Translation Needs (P/ease rnrerpreter Needs (eleare specify). Arcessibillty Needs {Please sperm-E 1