Current through Register Vol. 50, No. 9, September 20, 2024
A. Time Limit; Minimum Procedures. The time
limits in this Section begin after the LDE receives a signed written complaint
filed under
§1152 The LDE will refer the complaint
to the LEA superintendent, special education director/supervisor, or ERP
representative in accordance with
§1151
1. The LDE shall:
a. not commence investigation of a formal
written complaint until after expiration of the 15-day early resolution period
described in §1151; but
b. shall
complete its investigation of unresolved allegations and issue a decision
within 45 days after the expiration of the early resolution period in
accordance with the procedures contained in this Section.
2. Upon expiration of the resolution period,
the LDE shall review the allegations contained in the complaint and shall
provide written notice to the LEA or public agency serving the student,
including the following:
a. a request for
specific information needed by the LDE to carry out its independent
investigation of the complaint;
b.
reasonable timelines established for providing such information to the
LDE;
c. a statement of the
opportunity to respond to the complaint, including at a minimum:
i. the opportunity to provide a proposal to
resolve the complaint, at their discretion; and
ii. the opportunity to offer to the parent
who has filed a complaint, mediation consistent with
§1504 or neutral IEP facilitation as
available through the LDE.
B. The LDE shall provide written notice to
the complainant including a statement of the opportunity to submit additional
information, either orally or in writing, about the allegations in the
complaint.
C. All information
relevant to the complaint shall be reviewed by the LDE, and a decision shall be
made as to whether an independent on-site investigation is needed.
D. The LDE shall review all relevant
information and make an independent determination as to whether the public
agency is violating a requirement of
R.S.
17:1941 et seq. or these
regulations.
E. Decision. Within 45
days of expiration of the early resolution process, the LDE shall issue a
written decision to the complainant and the public agency that addresses each
remaining allegation of the complaint and contains:
1. findings of fact and conclusions;
and
2. the reasons for the LDE's
final decision.
F. Time
Extension; Final Decision; Implementation. The LDE shall permit an extension of
the time limit under Subsection A of this Section only if:
1. exceptional circumstances exist with
respect to a particular complaint; or
2. the parent (or individual or organization)
and the public agency involved agree to extend the time to engage in mediation,
IEP facilitation, or other alternative means of dispute resolution.
G. Complaints Filed under this
Section and Due Process Hearings Under
§1507
1. If a written complaint received is also
the subject of a due process hearing under
§1507 or, if it contains multiple
issues, of which one or more is part of that hearing, the LDE shall set aside
any part of the complaint that is being addressed in the due process hearing
until the conclusion of the hearing. However, any issue of the complaint that
is not a part of the due process action shall be resolved, using the time limit
and procedures described in Subsections A and B of this Section.
2. If an issue raised in a complaint has
previously been decided in a due process hearing involving the same parties:
a. the due process hearing decision shall be
binding on that issue; and
b. the
LDE shall inform the complainant to that effect.
3. A complaint alleging an agency's failure
to implement a due process hearing decision shall be resolved by the
LDE.
H. Remedies for
Denial of Appropriate Services. In resolving a complaint in which it has found
a failure to provide appropriate services, the LDE, pursuant to its general
supervisory authority under these regulations, shall address:
1. the failure to provide appropriate
services including corrective action appropriate to address the needs of the
student (such as compensatory services or monetary reimbursement);
and
2. appropriate future provision
of services for all students with exceptionalities.
I. Reconsideration Requests. If either the
public agency or the complainant believes that the LDE has made an error in one
or more findings of fact and/or law, a reconsideration of the investigative
findings and decision may be requested, in writing, to the LDE's legal division
in accordance with the following procedures:
1. the request shall be simultaneously
submitted to the LDE and the other party subject to the complaint;
and
2. for each error submitted for
reconsideration, the requestor shall provide the reference number assigned by
the LDE to the complaint at issue; the page number of the written decision
where such alleged error can be found; highlighted sections of data submitted
for investigation that would assert a fact contrary to what is reflected in the
written decision; and citations to applicable law, regulations, or
jurisprudence, where applicable, to support the alleged error of law;
and
3. the requestor shall provide
a written explanation that indicates how originally-submitted documentation
changes the respective finding(s) of fact or law and/or how the alleged error
impacts the conclusion of the LDE with respect to the allegation(s) at
issue;
4. documents and other
information not originally submitted regarding the allegation(s) shall not be
accepted for review; and
5.
reconsideration requests, including all documentation relevant to the
reconsideration request, shall be received by the LDE no later than 10 calendar
days after the date of receipt of the investigative report. Should the other
party to the complaint wish to respond to the reconsideration request, the
response shall be received by the LDE no later than 10 calendar days after the
LDE received the original reconsideration request; and
6. reconsideration requests received by the
LDE after the 10 calendar day deadline shall not be reviewed;
7. reconsideration requests received timely
and that meet criteria established by this subsection shall be reviewed by a
panel of individuals appointed by the division director and the LDE shall
inform the complainant and the public agency of its determinations, in writing,
within 30 calendar days from the date the LDE receives the written
reconsideration request;
8.
reconsideration requests by third parties shall not be accepted;
9. reconsideration requests shall not be used
to delay or deny implementation of FAPE for a student with an
exceptionality.
10. implementation
of any corrective actions required in the state's initial (pre-reconsideration)
decision shall not be delayed pending the reconsideration process.
J. The LDE shall ensure effective
implementation of the final decision, if needed, including:
1. technical assistance activities;
2. negotiations; and
3. corrective actions to achieve
compliance.
K.
Correction of Non-Compliance. If a complaint results in a
finding of non-compliance, the public agency shall be required to document that
it has taken corrective action as required by the complaint decision.
1. The LDE shall refer and recommend to BESE
the delay or denial of funding or an offset of future funding for any LEA that,
after due notice:
a. refuses or fails to
submit requested documentation of corrective action; or
b. refuses or fails to take or complete
required corrective action.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6 and
17:1941 et
seq.
