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as a mediator.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2070 (October 2008).

§507.Filing a Request for Impartial Due Process Hearing

A.General

1.A parent or public agency may file a Request for Due Process Hearing on any of the matters described in §504.A.1 and 2 (relating to the identification, evaluation, or educational placement of a student with a disability, or the provision of FAPE to the student).
2.Prescription. The due process hearing request shall allege a violation that occurred not more than one year before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the request for due process hearing, except that the exceptions to the timeline described in §511.G apply to the timeline in this Section.

B.Information for Parents. The public agency shall inform the parent of any free or low-cost legal and other relevant services available in the area if:

1.the parent requests the information; or
2.the parent or the agency files a request for due process hearing under this Section;
3.a parent who is not literate in English or has a disability that limits his or her ability to communicate in writing shall be afforded the opportunity for assistance.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2071 (October 2008).

§508.Due Process Hearing Request

A.General

1.A party, or the attorney representing a party, files a request for due process hearing by sending to the other party a written request for due process hearing (which shall remain confidential).
2.The party filing a request for due process hearing shall forward a copy to the LDE.

B.Content of Request for Due Process Hearing. The written request for due process hearing required in Paragraph A.1 of this Section shall include:

1.the student's name;
2.the address of the residence of the student;
3.the name of the school the student is attending;
4.in the case of a homeless student 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 relating to the proposed or refused initiation or change, including facts relating to the problem; and
6.a proposed resolution of the problem to the extent known and available to the person requesting the hearing at the time.

C.Notice Required before a Hearing on a Request for Due Process Hearing. A party may not have a hearing on a request for due process hearing until the party, or the attorney representing the party, files a request for due process hearing that meets the requirements of Subsection B

of this Section.

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

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