Action Alert #5: BESE Committee to Discuss Louisiana Legislative Audit

The Louisiana Board of Elementary and Secondary Education’s (BESE) Legislative and Governmental Affairs Committee will meet Tuesday, March 11th at 12:00PM to discuss the recent legislative audit regarding seclusion, restraint, and abuse/mistreatment of children with disabilities in public schools.
(Agenda)

• Do you feel oversight and monitoring to schools and districts as it relates to seclusion and restraints has been provided by LDOE?
• Do you feel the use of seclusion and restraint in the classrooms is underreported?
• Do you feel school teachers and staff who mistreat students and/or improperly use seclusion and restraint need more consequences?
• Do you feel LDOE needs to provide better oversight and guidance to school districts regarding policies on the use and installation of cameras in classrooms?
• Do you have ideas on policies and procedures BESE can work on to address concerns in the audit?

If you answered “yes” to any of these questions, now is the time to take action! More information about this issue can be found in the additional information section below.

How to Take Action and Share Your Voice

Email the Chair of the Legislative and Governmental Affairs Committee before the committee meets on Tuesday, March 11th.

• Lance Harris – Chair ([email protected])

Email or call your BESE member and the at-large members before the committee meets on Tuesday, March 11th.

• Click here for BESE members’ contact information. This map will help you determine your BESE member.
• With your comments, please include your name, address, phone number, email address and the issue you are addressing. Don’t forget to thank members for supporting the needs and interests of students with intellectual and developmental disabilities (I/DD).
• If you need help with this alert, contact your LaCAN Leader. The meeting will be live streamed on BESE’s website and their YouTube Channel. Please note the meeting may convene up to 30 minutes early.

Additional Information

On December 11, 2024, the Legislative Auditor Report released an audit evaluating LDOE’s oversight of the use of seclusion and restraint for students with disabilities, as well as an evaluation of Louisiana’s laws and regulations related to abuse and neglect of students with disabilities. The report highlighted many concerns advocates have shared with LDOE and BESE over the years and clearly shows how the lack of monitoring and oversight of special education services has left students with disabilities vulnerable to abuse and neglect.

The Legislative Auditor was thorough in its review and evaluation. They:

• Interviewed and/or surveyed LDOE staff, Special Education Directors and Teachers, parents of students receiving special education services and education advocates;
• Conducted site visits of local school systems;
• Researched applicable state and federal laws and regulations and policies related to Special Education;
• Reviewed other Southern Regional Education Board states’ processes, laws and regulations;
• Researched and reviewed U. S Department of Education’s Office of Civil Rights data as it relates to restraint, seclusion, compliance reviews and guidance provided to state and local education agencies;
• Reviewed seclusion and restraint incident data from LDOE’s Special Education Reporting (eSER) database; and
• Reviewed mandatory reporting policies available on local school systems’ websites.

The audit cites multiple recommendations for LDOE, including:

• Development of a process to monitor school systems’ use of seclusion and restraint;
• Working with the legislature to obtain resources needed to effectively monitor seclusion and restraint (i.e. funding and additional staff);
• Improving processes to verify accuracy of the number of seclusion and restraint incidents;
• Developing a review process to ensure school systems’ seclusion and restraint policy align with state law;
• Ensuring all school systems’ are aware of mandated reporter laws and abuse/neglect by noncaregivers should be reported to law enforcement;
• Disclosing why teachers’ certifications were sanctioned on LDOE’s website;
• Looking at maintaining a registry of school employees who are not certified by the Board of Elementary and Secondary Education (BESE), but have abused students; and
• Reviewing schools systems’ camera policies to ensure state law is being followed.

This audit was discussed by BESE in January and referred to the Legislative and Governmental Affairs Committee for continued discussion and action.

Confirm Your Action

• Email your LaCAN Leader after you take action
• Why confirm your action? This helps the Council know how effective we are reaching you with important information and engaging members across our state in advocacy for systems change.

Tips & Tools for Advocacy
Looking for tips and tools to help you in your advocacy? Check out the Council’s Advocacy 101 page.
You can also find tips for:

• Writing/emailing your legislators
• Calling your legislators
• Writing your story