La. Admin. Code tit. 28 § XLIII-507

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

Section XLIII-507 - Filing a Request for Impartial Due Process Hearing

A. General

1. A parent or public agency may file a Request for Due Process Hearing on any of the matters described in §504. A.1 (relating to the identification, evaluation, or educational placement of a student with a disability, or the provision of FAPE to the student).

2. Prescription. The due process hearing request shall allege a violation that occurred not more than one year before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the request for due process hearing, except that the exceptions to the timeline described in §511. G apply to the timeline in this Section.

B. Information for Parents. The public agency shall inform the parent of any free or low-cost legal and other relevant services available in the area if:

1. the parent requests the information; or

2. the parent or the agency files a request for due process hearing under this Section;

3. a parent who is not literate in English or has a disability that limits his or her ability to communicate in writing shall be afforded the opportunity for assistance.

La. Admin. Code tit. 28, § XLIII-507

Promulgated by the Board of Elementary and Secondary Education, LR 34:2071 (October 2008).

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