Legal Question in Education Law in Louisiana

Procedural Safeguards for Children with Disabilities

There are several procedural safeguards included within the Individuals with Disabilities Education Act (IDEA)when a Public School District fails to providethe free and appropriate education (FAPE) mandated bythis federal statute. A parent has the right tofile for a "fair hearing". This is usually doneby requesting such through the state superintendant of of school's office. However, local procedures mayvary from state to state. The local school districtby law must fully inform parents of their due processrights. This would include explaining the procedurefor requesting a fair hearing. These hearings are conducted by an unbiased hearing officer or administrativelaw judge. The process is less formal than a court proceeding,but does permit both sides to offer evidence and present witnesses.Again, discovery rules etc. are guided by the individual states.

Another option offered parents is the ability to participate ina mediation. This is usually set up after the request for hearing is made. Here, the mediator (an individual not connected with the local school district) is assigned and facilitates discussions between the parents and school districts personnel to try to come to a mutally agreeable solution.

Once a parent files for a hearing, whether they prevail in mediation or at the actual hearing attorney fees may be recoverable.

Also, State regulations usually provide a complaint managementsystem as well. Usually there is a local (district level)complaint management system. If that does not prove effective in correcting the problem, a state level complaint can be filed. If that fails a complaint with the Regional Office of Civil Rights (OCR) can be filed. OCR will investigate and if appropriateorder the State Education Agency (SEA) and/or the Local Education Agency (LEA)to correct the problem.In some cases it is appropriate to file an OCR complaint at the same time a state level complaint is filed.

Upon request, the State Department of Education willprovide a family with a listing of low/no cost legalassistance in these matters.