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d.shall possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice; and
e.shall possess other qualifications established by the LDE;
2.shall not:
a.be an employee of a public agency that is involved in the education or care of the student;
b.have a personal or professional interest that would conflict with the person's objectivity in the hearing; or
c.have represented an LEA or a parent as an attorney in education litigation within a three year period prior to appointment by the LDE;
3.a person who otherwise qualifies to conduct a hearing under Paragraph C.1 of this Section is not an employee of the agency solely because the person is paid by the agency to serve as a hearing officer;
4.the LDE and each LEA shall keep the LDE-generated list of qualified hearing officers. The list shall include a statement of the qualifications of each of the hearing officers;
5.the LDE shall ensure that impartial due process hearing officers appointed pursuant to this Section have successfully completed a training program approved by the LDE. Additional training shall be provided by the LDE whenever warranted by changes in applicable legal standards or educational practices or as determined necessary by the LDE;
6.appointments are renewed at the discretion of the LDE;
7.the LDE shall assign the hearing officer on a rotational basis from the LDE's list of qualified hearing officers.

D.Challenge to Impartiality of Due Process Hearing

1.The parent or LEA shall submit written information to the LDE within three business days of receipt of the notice of the assigned hearing officer, in order to challenge the impartiality of the hearing office.
2.The LDE shall review any written challenge to the impartiality of the hearing officer and provide a written decision and notice to the parent and LEA within three business days after receipt of the written challenge.
3.If the LDE determines that doubt exists as to whether the proposed hearing officer is truly impartial, another hearing officer shall be immediately assigned.

E.Subject Matter of Due Process Hearings. The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the request for due process hearing filed under §508.B, unless the other party agrees otherwise.

F.Timeline for Requesting a Hearing. A parent or agency shall request an impartial hearing on their request for due process hearing within one year of the date the parent or agency knew or should have known about the alleged action that forms the basis of the request for due process hearing.

G.Exceptions to the Timeline. The timeline described in Subsection F of this Section does not apply to a parent if the parent was prevented from filing a request for due process hearing due to:

1.specific misrepresentations by the LEA that it had resolved the problem forming the basis of the request for due process hearing; or
2.the LEA's withholding of information from the parent that was required under these regulations to be provided to the parent.

H.Procedures for conducting a hearing are stipulated below.

1.The hearing officer shall contact all parties to schedule the hearing and then shall notify in writing all parties and the LDE of the date, time and place of the hearing.
2.The hearing shall be conducted in accordance with these regulations as well as procedural guidelines developed by the LDE.
3.At the request of either party, the hearing officer shall have the authority to subpoena persons to appear at the hearing.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2072 (October 2008).

§512.Hearing Rights

A.General. Any party to a hearing conducted pursuant to §§507 through 513 or §§530 through 534 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;
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 5 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.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2073 (October 2008).

§513.Hearing Decisions

A.Decision of Hearing Officer on the Provision of FAPE

1.Subject to Paragraph A.2 of this Section, a hearing officer's determination of whether the student received FAPE shall be based on substantive grounds.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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