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I.EXECUTIVE ORDERS - page 101 / 359

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2.In matters alleging a procedural violation, a hearing officer may find that a student did not receive FAPE only if the procedural inadequacies:
a.impeded the student's right to FAPE;
b.significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of FAPE to the parent’s child; or
c.caused a deprivation of educational benefit.
3.Nothing in Subsection A of this Section shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under §§501 through 536.

B.Separate Request for a Due Process Hearing. Nothing in §§501 through 536 shall be construed to preclude a parent from filing a separate due process hearing request on an issue separate from a due process hearing request already filed.

C.Findings and Decision to Advisory Panel and General Public. The LDE, after deleting any personally identifiable information, shall:

1.transmit the findings and decisions referred to in §512.A.5 to the BESE Special Education Advisory Council established under §167; and
2.make those findings and decisions available to the public.

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).

§514.Finality of Decision; Appeal; and Compliance with Hearing Decisions

A.Finality of Hearing Decision. A decision made in a hearing conducted pursuant to §§507 through §530 through 534 is final, except that any party involved in the hearing may appeal the decision under the provisions of §516.

B.If a final hearing decision requires corrective action or other action, the LEA will be required to provide documentation periodically and at completion of the corrective action to the LDE.

1.The LDE will refer and recommend to BESE the denial or delay of funding or an offset of future funding for any LEA that after written due notice:
a.refuses or fails to submit requested documentation of corrective action; or
b.refuses or fails to take or complete required corrective action.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2074 (October 2008).

§515.Timelines and Convenience of Hearings and Reviews

A.A final hearing decision shall be reached and a copy of the decision mailed to each of the parties not later than 45 days after the expiration of the 30-day period under §510.B or the adjusted time periods described in §510.C.

B.1.A hearing officer may grant specific extensions of time beyond the periods set out in Paragraph A of this Section at the request of either party.

2.When an extension is granted, the hearing officer shall, on the day the decision is made to grant the extension, notify all parties and the LDE in writing, stating the date, time, and location of the rescheduled hearing.

C.Each hearing involving oral arguments shall be conducted at a time and place that is reasonably convenient to the parents and student involved.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2074 (October 2008).

§516.Civil Action

A.General. Any party aggrieved by the findings and decision, made under §§507 through 513 or §§530 through 534 has the right to bring a civil action with respect to the request for due process hearing under §507 or §530 through 532. The action may be brought in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.

B.Time Limitation. The party bringing the action shall have 90 days from the date of the decision of the hearing officer to file a civil action.

C.Additional Requirements. In any action brought under Subsection A of this Section, the court:

1.receives the records of the administrative proceedings;
2.hears additional evidence at the request of a party; and
3.basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.

D.Jurisdiction of District Courts. The district courts of the United States have jurisdiction of actions brought under Section 615 of the IDEA without regard to the amount in controversy.

E.Rule of Construction. Nothing in these regulations restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of students with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under Section 615 of the IDEA, the procedures under §507 shall be exhausted to the same extent as would be required had the action been brought under Section 615 of the IDEA.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2074 (October 2008).

§517.Attorneys’ Fees/Costs

A.In General

1.In any action or proceeding brought under Section 615 of the IDEA, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to:
a.the prevailing party who is the parent of a student with a disability;
b.the prevailing party who is the LDE or an LEA against the attorney of a parent who files a request for hearing or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continues to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or
c.a prevailing party who is the LDE or an LEA against the attorney of the parent or against the parent, if the parent's request for a due process hearing or subsequent cause of action was presented for any improper purpose,

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

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