La. Admin. Code tit. 28 § XLIII-140

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-140 - Requests for Due Process Hearings and State Complaints

A. Due Process not Applicable, Except for Child Find

1. Except as provided in Subsection B of this Section, the procedures in §505 do not apply to requests for due process hearings alleging that an LEA has failed to meet the requirements of §132 through 139, including the provision of services indicated on the student's services plan.

B. Child Find complaints-to be filed with the LEA in which the private school is located.

1. The procedures in §505 apply to requests for due process hearings alleging that an LEA has failed to meet the Child Find requirements, in §131, including the requirements in §301

2. Any request for due process hearing regarding the child find requirements (as described in Paragraph B.1 of this Section) shall be filed with the LEA in which the private school is located and a copy shall be forwarded to the LDE.

C. State Complaints

1. Any complaint that the LDE or LEA has failed to meet the requirements in §132 shall be filed in accordance with the procedures described in §151

2. A complaint filed by a private school official under §136. A shall be filed with the LDE in accordance with the procedures in §136. B

La. Admin. Code tit. 28, § XLIII-140

Promulgated by the Board of Elementary and Secondary Education, LR 34:2043 (October 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.