Current through Register Vol. 50, No. 9, September 20, 2024
A. General.
Whenever a request for due process hearing is received, the parents or the LEA
involved in the dispute shall have an opportunity for an impartial due process
hearing, consistent with the procedures in these regulations.
B. Agency Responsible for Conducting the Due
Process Hearing. The due process hearing described in Paragraph A of this
Section will be conducted in accordance with the law and LDE
regulations.
C. Impartial Hearing
Officer. The DAL will designate hearing officers, who:
1. meet the minimum qualifications stipulated
below:
a. shall have earned a juris
doctorate degree;
b. shall
possess knowledge of, and the ability to understand, the provisions of the
state law pertaining to the provision of services to gifted and talented
students and legal interpretations of those laws;
c. shall possess the knowledge and ability to
conduct hearings in accordance with appropriate, standard legal
practice;
d. shall possess the
knowledge and ability to render and write decisions in accordance with
appropriate, standard legal practice; and
e. shall possess other qualifications
established by the LDE;
2. shall not:
a. be an employee of a public agency that is
involved in the education or care of the student;
b. have a personal or professional interest
that would conflict with the person's objectivity in the hearing; or
c. have represented an LEA or a parent as an
attorney in education litigation within a three year period prior to
appointment by the LDE;
3. a person who otherwise qualifies to
conduct a hearing under Paragraph C.1 of this Section is not an employee of the
agency solely because the person is paid by the agency to serve as a hearing
officer;
4. the LDE shall keep the
LDE generated list of qualified hearing officers. The list shall include a
statement of the qualifications of each of the hearing officers;
5. the LDE shall ensure that impartial due
process hearing officers appointed pursuant to this Section have successfully
completed a training program approved by the LDE. Additional training shall be
provided by the LDE whenever warranted by changes in applicable legal standards
or educational practices or as determined necessary by the LDE;
6. appointments are renewed at the discretion
of the LDE;
7. the LDE shall assign
the hearing officer on a rotational basis from the LDE's list of qualified
hearing officers.
D.
Challenge to Impartiality of Due Process Hearing
1. The parent or LEA shall submit written
information to the LDE within three business days of receipt of the notice of
the assigned hearing officer, in order to challenge the impartiality of the
hearing officer.
2. The LDE shall
review any written challenge to the impartiality of the hearing officer and
provide a written decision and notice to the parent and LEA within three
business days after receipt of the written challenge.
3. If the LDE determines that doubt exists as
to whether the proposed hearing officer is truly impartial, another hearing
officer shall be immediately assigned.
E. Subject Matter of Due Process Hearings.
The party requesting the due process hearing may not raise issues at the due
process hearing that were not raised in the request for due process hearing,
unless the other party agrees otherwise.
F. Timeline for Requesting a Hearing. A
parent or agency shall request an impartial hearing on their request for due
process hearing within one year of the date the parent or agency knew or should
have known about the alleged action that forms the basis of the request for due
process hearing.
G. Exceptions to
the Timeline. The timeline described in Subsection F of this
Section does not apply to a parent if the parent was prevented from filing a
request for due process hearing due to:
1.
specific misrepresentations by the LEA that it had resolved the problem forming
the basis of the request for due process hearing; or
2. the LEA's withholding of information from
the parent that was required under these regulations to be provided to the
parent.
H. Procedures
for conducting a hearing are stipulated below.
1. The hearing officer shall contact all
parties to schedule the hearing and then shall notify in writing all parties
and the LDE of the date, time and place of the hearing.
2. The hearing shall be conducted in
accordance with these regulations as well as procedural guidelines developed by
the LDE.
3. At the request of
either party, the hearing officer shall have the authority to subpoena persons
to appear at the hearing.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6 and
17:1941 et
seq.
