2006 Louisiana Laws - RS 17:1952 — Procedural safeguards

§1952.  Procedural safeguards

A.  The Department of Education or the local educational agency that receives assistance under this Chapter shall establish and maintain procedures in accordance with this Section to ensure that children with exceptionalities and their parents are guaranteed procedural safeguards with respect to the provision of free appropriate public education by such agencies.

B.  Safeguards to guarantee the rights of parents and children with exceptionalities shall include the following:

(1)  An opportunity for the parents of a child with an exceptionality to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child.

(2)  Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the state, including the assignment of an individual (who shall not be an employee of the state educational agency, the local educational agency, or any other agency that is involved in the education or care of the child) to act as a surrogate for the parents.

(3)  Written prior notice to the parents of the child whenever such agency proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child.

(4)  Procedures designed to ensure that the notice required by Paragraph (3) of this Subsection is in the native language of the parents, unless it clearly is not feasible to do so.

(5)  An opportunity for mediation in accordance with established procedures.

(6)  An opportunity to present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.

(7)  Procedures that require the parent of a child with an exceptionality, or the attorney representing the child, to provide notice, which shall remain confidential, whenever a complaint is filed under Paragraph (6) of this Subsection.

(8)  Procedures that require the state educational agency to develop a model form to assist parents in filing a complaint in accordance with Paragraph (7) of this Subsection.

(9)(a)  Procedures requiring the state to provide that, when a child with a disability reaches the age of majority under state law (except for a child with a disability who has been determined to be incompetent under state law) the public agency shall provide any notice required by this Section to both the individual and the parents; that all other rights accorded to parents under this Part transfer to the child; that the agency shall notify the individual and the parents of the transfer of rights; and that all rights accorded to parents under this Part transfer to children who are incarcerated in an adult or juvenile federal, state, or local correctional institution.

(b)  If, under state law, a child with a disability who has reached the age of majority under state law, who has not been determined to be incompetent, but who is determined not to have the ability to provide informed consent with respect to the educational program of the child, the state shall establish procedures for appointing the parent of the child, or if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of eligibility of the child under this Chapter.

(10)  Procedures applicable to a hearing concerning a dispute relative to the provision of special education and related services to children with exceptionalities.  Such procedures shall include  requirements that:

(a)  Any person, agency, or other party requesting such a hearing shall do so within one year after the occurrence of the event or of the facts upon which any hearing request is founded.  There shall be no interruption or suspension whatsoever of this prescriptive period.

(b)  Any person, agency, or other party aggrieved by a decision or finding of a hearing officer may appeal such decision or finding to the state level review panel if such a panel is established by rules of the State Board of Elementary and Secondary Education, provided that such appeal is filed within fifteen days after notification of the decision or finding is received by the aggrieved  person, agency, or party.

(c)  Any person, agency, or other party aggrieved by a decision or finding of the state level review panel if such a panel is established by rules of the State Board of Elementary and Secondary Education, or of a hearing officer if no such panel is established, may appeal such decision or finding to a state or federal court of competent jurisdiction, provided that such appeal is filed within ninety days after notification of the decision or finding of the state level review panel, or hearing officer if no such panel is established, is received by the aggrieved person, agency, or party.

C.  Notwithstanding any provision of R.S. 17:1945, 1946, any other provision of this Chapter, or any rule or regulation to the contrary, a recommendation by a parent or other person responsible for the school attendance of a child with an exceptionality as to the child's educational placement for special education and related services shall be considered equally with any other factors involved in the making of such a determination.

Acts 1977, No. 754, §1.  Amended by Acts 1981, No. 804, §1; Acts 1995, No. 732, §1, eff. June 21, 1995; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998; Acts 2001, No. 59, §1; Acts 2002, 1st Ex. Sess., No. 91, §1.