La. Admin. Code tit. 28 § XLIII-512

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

Section XLIII-512 - Hearing Rights

A. General. Any party to a hearing conducted pursuant to §507 or §530 has the right to:

1. be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of students with disabilities, except that whether parties have the right to be represented by non-attorneys at due process hearings is determined under state law;

2. present evidence and confront, cross-examine, and compel the attendance of witnesses;

3. prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

4. obtain a written, or, at the option of the parents, electronic, verbatim record of the hearing at no cost; and

5. obtain written, or, at the option of the parents, electronic findings of fact and decisions at no cost.

B. Additional Disclosure of Information

1. At least five business days prior to a hearing conducted pursuant to §511 A, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing.

2. A hearing officer may bar any party that fails to comply with Paragraph B.1 of this Section from introducing the relevant evaluation or recommendations at the hearing without the consent of the other party.

C. Parental Rights at Hearings. Parents involved in a hearing shall be given the right to:

1. have the student who is the subject of the hearing present;

2. have the hearing open to the public; and

3. have the record of the hearing and the findings of fact and decisions described in Paragraphs A.4 and A.5 of this Section provided at no cost to parents.

La. Admin. Code tit. 28, § XLIII-512

Promulgated by the Board of Elementary and Secondary Education, LR 34:2073 (October 2008), amended LR 36: 1502 (July 2010), LR 38:2368 (September 2012).

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