BESE hears Legislative Auditor review of seclusion and restraint; board to send recommendations to legislative committee

The BESE Academic Goals and Instructional Improvement Committee on Jan. 9 received a Legislative Auditor performance audit examining seclusion, restraint and alleged abuse of students with disabilities in public schools and discussed whether the Louisiana Department of Education (LDOE) has statutory authority and resources to monitor local policies and practices more actively.

Nut graf: The audit made several recommendations for legislative consideration — including giving LDOE explicit authority to verify reported incidents, review local seclusion/restraint policies and examine special-education camera policies. Department and legal staff told the committee LDOE complies with current statutory collecting and reporting duties but that expanded monitoring or investigations would require statutory change and additional appropriations.

Key points from the committee: Tony Lege, executive counsel for LDOE, said the department has complied with existing law (including data collection and annual reporting) and pushed back on an expanded interpretation of monitoring obligations set out in the auditor’s report. “We have done everything that we can that we are required to do under law,” Lege said, warning that active monitoring or investigations would be labor-intensive and would need fiscal notes and legislative appropriation.

Meredith Jordan, LDOE executive director for diverse learners, reviewed the audit’s eight matters for legislative consideration and LDOE’s responses. LDOE agreed to revise guidance to align with U.S. Department of Education principles and to strengthen verification steps (e.g., follow-up with districts that report zero incidents), but said other recommendations (such as state-level policy review authority or sanctions for noncriminal educator conduct) require legislative direction and resources.

Action taken: Committee member Mister Harris moved — and the board approved — a referral of the audit’s subject matter to BESE’s legislative committee to draft statutory language and a costed plan for possible changes, including how LDOE would staff and fund enhanced monitoring and policy review. Board members and LDOE officials agreed additional data, a clear scope of responsibility, and fiscal notes will be required before the Legislature can act.

Context and concerns: Board members and presenters emphasized inconsistent district reporting and the risk that well‑intentioned mandates could overwhelm local systems without accompanying resources. Members also noted that the special‑education camera statute requires local school boards to adopt policies and that cameras are installed only upon parent request unless districts choose to install them more broadly. LDOE noted it has already collected data on camera purchases and is improving verification of those figures.

Next steps: The committee asked LDOE to provide the legislative committee with a menu of statutory language options, associated staffing and cost estimates, and drafts of updated guidance and training materials the department could implement with current resources pending any new legislation.