Current through Register Vol. 50, No. 9, September 20, 2024
A.
General
1. A party, or the attorney
representing a party, files a request for due process hearing by sending a
written request for due process hearing to the LDE. Such request will remain
confidential.
2. The party filing a
request for due process hearing will forward a copy of the request for due
process hearing to the other party.
3. The time limits in this Section begin
after the LDE receives a written request for a due process hearing.
a. The LDE will provide a copy of the request
to the other party.
b. The date the
LDE delivers or receives confirmation that the other party has received the
request will be the presumptive date verifying receipt.
4. Within three business days of receipt of a
written request, the LDE will transmit the request for due process hearing to
the Division of Administrative Law (DAL), who will docket the request and
assign a hearing officer.
B. Content of Request for Due Process
Hearing. The written request for due process hearing required in Paragraph A.1
of this Section shall include:
1. the
student's name;
2. the address of
the residence of the student;
3.
the name of the school the student is attending;
4. in the case of a homeless student or youth
(within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C.
11434 a(2)), available contact information
for the student, and the name of the school the student is attending;
5. a description of the nature of the problem
of the student relating to the proposed or refused initiation or change,
including facts relating to the problem; and
6. a proposed resolution of the problem to
the extent known and available to the person requesting the hearing at the
time.
C. Notice Required
before a Hearing on a Request for Due Process Hearing. A party
may not have a hearing on a request for due process hearing until the party, or
the attorney representing the party, files a request for due process hearing
that meets the requirements of Subsection B of this Section.
D. Sufficiency of Request for Due Process
Hearing
1. The request for due process
hearing required by this section shall be deemed sufficient unless the party
receiving the request for due process hearing notifies the hearing officer and
the other party in writing, within 15 days of receipt of the written request
for due process hearing, that the receiving party believes the written request
does not meet the requirements in Subsection B of this Section.
2. Within five days of receipt of
notification under Paragraph D.1 of this Section, the hearing officer shall
make a determination on the face of the written request for due process
hearing, whether the due process hearing request meets the requirements of
Subsection B of this Section, and shall immediately notify the parties in
writing of that determination.
E. Amendments to Written Request
1. A party may amend its request for due
process hearing only if:
a. the other party
consents in writing to the amendment and is given the opportunity to resolve
the due process hearing request through a meeting held pursuant to
§1510 A; or
b. the hearing officer grants permission,
except that the hearing officer may only grant permission to amend at any time
not later than 5 days before the due process hearing begins.
2. If a party files an amended
request for a due process hearing, the timelines for the resolution meeting in
§1510. A and the time
period to resolve in
§1510. B begin again
with the filing of the amended due process hearing request.
F. LEA's Response to Request for
Due Process Hearing
1. If the LEA has not sent
a prior written notice under
§1504 to the parent regarding the
subject matter contained in the parent's request for due process hearing, the
LEA shall, within 10 days of receiving the request for due process hearing,
send to the parent a response that includes:
a. an explanation of why the agency proposed
or refused to take the action raised in the request for due process
hearing;
b. a description of other
options that the IEP Team considered and the reasons why those options were
rejected;
c. a description of each
evaluation procedure, assessment, record, or report the agency used as the
basis for the proposed or refused action; and
d. a description of the other factors that
are relevant to the agency's proposed or refused action.
2. A response by an LEA under Paragraph F.1
of this Section shall not be construed to preclude the LEA from asserting that
the parent's request for due process hearing was insufficient, where
appropriate.
G. Other
Party Response to a Request for Due Process Hearing. Except as provided in
Subsection F of this Section, the party receiving a written request for due
process hearing shall, within 10 days of receiving the written request, send to
the other party a response that specifically addresses the issues raised in the
request for due process hearing.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6 and
17:1941 et
seq.
