D.Sufficiency of Request for Due Process Hearing
1.The request for due process hearing required by this section shall be deemed sufficient unless the party receiving the request for due process hearing notifies the hearing officer and the other party in writing, within 15 days of receipt of the written request for due process hearing, that the receiving party believes the written request does not meet the requirements in Subsection B of this Section.
2.Within five days of receipt of notification under Paragraph D.1of this Section, the hearing officer shall make a determination on the face of the written request for due process hearing, whether the due process hearing request meets the requirements of Subsection B of this Section, and shall immediately notify the parties in writing of that determination.
E.Amendments to Written Request
1.A party may amend its request for due process hearing only if:
a.the other party consents in writing to the amendment and is given the opportunity to resolve the due process hearing request through a meeting held pursuant to §510.A; or
b.the hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than 5 days before the due process hearing begins.
2.If a party files an amended request for a due process hearing, the timelines for the resolution meeting in §510.A and the time period to resolve in §510.B begin again with the filing of the amended due process hearing request.
F.LEA's Response to Request for Due Process Hearing
1.If the LEA has not sent a prior written notice under §504 to the parent regarding the subject matter contained in the parent's request for due process hearing, the LEA shall, within 10 days of receiving the request for due process hearing, send to the parent a response that includes:
a.an explanation of why the agency proposed or refused to take the action raised in the request for due process hearing;
b.a description of other options that the IEP Team considered and the reasons why those options were rejected;
c.a description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and
d.a description of the other factors that are relevant to the agency's proposed or refused action.
2.A response by an LEA under Paragraph F1 of this Section shall not be construed to preclude the LEA from asserting that the parent's request for due process hearing was insufficient, where appropriate.
G.Other Party Response to a Request for Due Process Hearing. Except as provided in Subsection F of this Section, the party receiving a written request for due process hearing shall, within 10 days of receiving the written request, send to the other party a response that specifically addresses the issues raised in the request for due process 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 34:2071 (October 2008).
Louisiana Register Vol. 34, No. 10 October 20, 2008