6.4.2 The Complaint Process

Once a formal written complaint is filed, a 15-day early resolution period goes into effect during which the LDE will not commence its investigation.1  During this period, the LEA must follow its early resolution process.2  The early resolution process typically involves a meeting with the LEA’s Early Resolution Process representative to attempt to negotiate a resolution to the complaint.3  The parties may agree to extend the early resolution period in writing if additional time is needed.4

If the parties are unable to resolve the complaint or there is only a partial resolution, the LDE must complete its investigation of any unresolved allegations and issue a decision within 45 days of the expiration of the early resolution period.5  Extensions of this timeline are only possible if exceptional circumstances exist with regard to a particular complaint or if both parties agree to an extension for further attempts to resolve the complaint through negotiation.6

At the start of the investigation, the LDE will ask the LEA to provide any specific information needed within a reasonable time and give the LEA an opportunity to respond to the allegations or to offer a proposal to resolve the complaint.7  The complaining party will also be given an opportunity to provide additional information either orally or in writing.8  The LDE then reviews all relevant information and determines whether an independent on-site investigation is needed.9

At the conclusion of the investigation, the LDE must issue a written decision containing findings of fact and law for each remaining allegation of the complaint.10  If there is a finding that the LEA has failed to provide appropriate services, the available remedies include appropriate corrective action, such as compensatory services or monetary reimbursement, that address the student’s needs, and, if appropriate, remedies that address the future provision of services for all students with disabilities.11

If either party believes that the LDE has made an error in its findings, that party may submit a request for reconsideration within 10 days of receiving the investigation report.12  The reconsideration request cannot include any documents or other information not already submitted with the complaint or during the investigation process.13  Properly filed requests for reconsideration will be reviewed by a panel of individuals appointed by the director of the LDE’s legal division.14  The panel must issue a written decision within 30 days of receiving the reconsideration request, but the provision of FAPE and any required corrective action cannot be delayed or denied while the request for reconsideration is pending.15

If a formal written complaint contains any allegations that are also the subject of a pending due process hearing, the LDE will set aside any part of the complaint that is a subject of the due process hearing but will still resolve any other issues in the formal written complaint according to the normal procedures.16  If an issue raised in a formal written complaint has already been decided in a due process hearing, the due process hearing decision is binding and may not be reconsidered.17

• 1La. Bulletin 1706 § 153(A).
• 2Id. § 153(C)(1).
• 3See id.
• 4Id. § 151(C)(3). Such an extension would likely be necessary if the parties opt to attempt to resolve the complaint through mediation.
• 5Id. § 153(A)(1)(b).
• 6Id. § 153(F).
• 7Id. § 153(A)(2).
• 8Id. § 153(B).
• 9Id. § 153(C).
• 10Id. § 153(E).
• 11Id. § 153(H).
• 12Id. § 153(I).
• 13Id. § 153(I)(4).
• 14Id. § 153(I)(7).
• 15Id. § 153(I)(7)–(9).
• 16Id. § 153(G)(1).
• 17Id. § 153(G)(2).