La. Admin. Code tit. 28 § XCVII-125

Current through Register Vol. 50, No. 11, November 20, 2024

Section XCVII-125 - Dispute Resolution Options

A. The LDE has adopted written procedures regarding the resolution of any complaint related to the identification, evaluation, educational placement, the level of services or placement, the provision of a free appropriate public education (FAPE) or payment for services that the parent has obtained for a student with a disability. The Parent's Guide to Special Education Dispute Resolution is designed to assist parents in understanding the Louisiana dispute resolution systems. The guide can be located at www.doe.state.la.us/lde/eia/2114.html.

B. IEP Facilitation is a new dispute resolution method. This option is available to parents and school districts when they both agree that it would be valuable to have a neutral person (IEP Facilitator) present at an IEP Team meeting to assist them in discussing issues regarding the IEP. Typically, an IEP Facilitator is brought in when parents and school district staff are having difficulties communicating with one another about what the student needs.

C. Informal Complaints/Early Resolution Procedures (ERP). It is the policy of the LDE to encourage and support prompt and effective resolution of any administrative complaint in the least adversarial manner possible. 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 students to achieve their shared goal of meeting the educational needs of students with disabilities.

1. Formal administrative complaints are procedures developed under the supervisory jurisdiction of LDE to address allegations that an LEA is violating a requirement of Part B of the Act.

D.Mediation is an informal, voluntary process by which the parent and the LEA are given an opportunity, through the help of a trained mediator, to resolve their differences and find solutions to enhance the overall learning environment for the student. Differences may arise in the planning and implementing of an individualized educational program for a student with an exceptionality. It is important for parents and LEAs to have an opportunity to present their viewpoint in a dispute. See Louisiana's Educational Rights of Children with Disabilities Handbook or Louisiana's Educational Rights of Gifted/Talented Children in PublicSchools and the Mediation Services for Students with Exceptionalities brochure for more information.

E. The parents and the LEA both have the right to an "impartial due process hearing" when disagreements arise between the parent and the LEA, relative to initiating or changing the identification, evaluation, or educational services and placement of a student with an exceptionality. Due process hearings may be initiated by the parent or the LEA. See Louisiana's Educational Rights of Children with Disabilities Handbook orLouisiana's Educational Rights of Gifted/Talented Children in Public Schools and theSpecial Education Impartial Due Process Hearing brochure for more information.

La. Admin. Code tit. 28, § XCVII-125

Promulgated by the Board of Elementary and Secondary Education, LR 35:2337 (November 2009).

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