HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2045 (October 2008).
Subchapter J.State Complaint Procedures
§151.Adoption of State Complaint Procedures and Early Resolution Program
A.General. The LDE adopts written procedures herein and in Bulletin 1573—Complaint Management Procedures, for:
1.the purpose of resolving any complaint relating to the identification, evaluation, educational placement, or provision of a free appropriate public education (FAPE) to a student with a disability, including a complaint filed by an organization or individual from another state, that meets the requirements of §151 through153 by providing:
a.for the implementation of an Early Resolution Process (ERP); and/or
b.the filing of a formal written complaint with the LDE.
B.The LDE shall widely disseminate to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities:
1.the state procedures under §§151 through 153 and Bulletin 1573—Complaint Management Procedures; and
2.the appropriate contact information for LEAs and other public agencies serving students.
C.Informal Complaints. It is the policy of the LDE to encourage and support prompt and effective resolution of any complaint described in §151.A.1 in the least adversarial manner possible. The LDE shall effect such policy to promote dispute prevention and the swift resolution of disputes by implementing an Early Resolution process.
1.Early Resolution Process (ERP)—an ongoing and systematic, informal dispute resolution process.
a.ERP shall include a systematic, local level process for the prompt and orderly resolution of complaints by each public educational agency, including public charter schools.
b.Each LEA in the state shall establish an internal ERP in accordance with standards outlined in Bulletin 1573—Complaint Management Procedures, which shall include:
i.the designation of a local ERP representative and notice of the name, address, telephone number; and
ii.other contact information for the LEA's designated ERP representative.
c.The implementation of the ERP by each LEA draws on the traditional model of parents and schools working cooperatively in the educational interest of the student to achieve their shared goal of meeting the educational needs of students with disabilities.
d.To promote the cooperative resolution of complaints at the local level, the LDE shall not be involved in the informal resolution process (ERP) implemented at the local level, but shall route to the public agency's ERP representative, verbal and other informal complaints or allegations received by the LDE.
2.Requesting ERP. A parent, adult student, individual, or organization shall initiate a request for ERP on one or more issues described in §151.A.1 by contacting the local level ERP representative or the LDE's ERP Intake Coordinator(s) by telephone, U.S. mail, facsimile, email, or TDD.
a.Informal complaints to the LDE shall only be made through the LDE's Intake Coordinator(s) who shall refer the complaint to the ERP representative of the LEA immediately, if possible, but not later than two calendar days after receiving the complaint.
b.The LDE's Intake Coordinator(s) shall:
i.be the LDE's only designated individual(s) to perform complaint intake duties and responsibilities;
ii.not have a juris doctorate degree;
iii.have completed specific training in accepted methods and practices for recording information in a neutral and confidential manner; and
iv.perform duties consisting of receipt of informal complaints and request for ERP; providing local agency ERP contact information to the complainant(s); and referral of such informal complaint or ERP request to the local agency’s ERP Representative in accordance with Subsection C of this Section.
3.Early Resolution Period. If a resolution of the informal complaint cannot be achieved within 15 calendar days of the public agency's receipt of the complaint, or an extended period agreed upon by the parties in writing, the LEA's ERP representative shall advise the complainant of the availability of other dispute resolution processes available through the LDE.
AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.
HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2046 (October 2008).
§152.Formal Complaints Filing and Content Requirements
A.An organization or individual, including those from another state, may file a signed written complaint under the procedures described in §§151 through 153.
B.The complaint shall include:
1.a statement that a public agency has violated a requirement of Part B of the IDEA or these regulations;
2.the facts on which the statement is based;
3.the signature and contact information for the complainant; and
4.if alleging violations with respect to a specific student:
a.the name and address of the residence of the student;
b.the name of the school the student is attending;
c.in the case of a homeless child or youth (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the student, and the name of the school the student is attending;
5.a description of the nature of the problem of the student, including facts relating to the problem; and
6.a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
Louisiana Register Vol. 34, No. 10 October 20, 2008