A due process hearing is the most complex and, in many ways, the most powerful formal dispute resolution mechanism available to parents. In Louisiana, a request for a due process hearing culminates in a trial before an Administrative Law Judge (“ALJ”), who adjudicates whether an LEA has violated a student’s right to FAPE and can order appropriate remedies for any violations found.

Due process hearings are narrower in scope than formal written complaints because they must relate to a specific student. Due process hearing requests may be filed to address any matter related to the identification, evaluation, educational placement, or provision of FAPE to a student with a disability.1  The ALJ’s authority, however, is generally limited to a substantive determination that a student was denied FAPE. The ALJ can only rule on procedural grounds when the procedural inadequacies impeded the student’s right to FAPE, impeded the parent’s opportunity to participate in the decision-making process regarding FAPE, or caused a deprivation of educational benefit.2

As with formal written complaints, due process proceedings have a 1-year prescriptive period. This means allegations must relate to violations that occurred not more than 1 year before the parent knew or should have known about an alleged action that forms the basis of the hearing request.3  The prescriptive period does not apply, however, if the parent was prevented from filing a request for a due process hearing due to specific misrepresentations by the LEA that it had resolved the problem or to the withholding of required information from the parent.4

To request a due process hearing, a parent must submit a written request to the LDE that includes: (1) the student’s name; (2) the student’s address; (3) the name of the school the student is attending; (4) in the case of a homeless student or youth, the 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 requestor at the time.5

The LDE’s Due Process Hearing Request form includes sections for providing all of the required information along with instructions for mailing, faxing, or emailing the request to the LDE’s Legal Division.6  As with the form for formal written complaints, the LDE form should be used as a cover page to which the substance of the request is attached. A copy of the request must also be forwarded to the special education director or superintendent of the LEA that is the subject of the due process hearing request.7

In theory, a due process hearing request does not have to be as extensive as a formal written complaint because there will be an opportunity to adduce testimony and additional evidence at the hearing. Nevertheless, an attorney representing a parent in a due process proceeding should draft a thorough request that presents the complete factual scenario and legal analysis of the alleged violations.8

• 1La. Bulletin 1706 § 507(A)(1).
• 2Id. § 513(A).
• 3Id. §§ 507(A)(2), 511(F).
• 4Id. § 507(G).
• 5Id. § 508(B).
• 6See La. Dep’t of Educ., Request for Special Education Due Process Hearing.
• 7See id.
• 8A template for requesting a due process hearing based on common alleged violations of FAPE is provided in Section 9.

Once the LDE receives the due process hearing request, the agency issues an acknowledgement of receipt, forwards a copy of the request to the other party, and transmits the request within 2 business days of receipt transmit the request to the Division of Administrative Law (“DAL”).1  The DAL will then send a letter to both parties notifying them that the request has been received and identifying of the docket number; the assigned ALJ; the deadlines for the mandatory resolution meeting and for the due process hearing decision; and the date, time, and call-information for a pre-hearing telephone conference with the ALJ. The first pre-hearing telephone conference is typically scheduled 2 to 3 weeks after the request is filed, so that it occurs after the deadline for the mandatory resolution meeting but prior to the expiration of the resolution period. Motions in due process proceedings can be filed by email with the DAL at IDEAProcessing@adminlaw.la.gov. Common motions such as a Motion to Enroll and subpoena requests can also be filed by electronic form available on the DAL website.2  Although special education laws and regulations do not reference the right to hold depositions and engage in other forms of discovery, the Louisiana Administrative Procedures Act that govern DAL administrative hearings does provide for these devices.3   

The LEA must file a written response to the due process hearing request within 10 days of receiving the request unless it has already provided full prior written notice to the parent regarding the subject matter of the request.4  The response must explain why the agency proposed or refused to take the action that is the subject of the due process hearing request; describe other options the IEP teams considered and the reasons why those options were rejected; describe each evaluation procedure, assessment, record, report, or any other factor the LEA used as a basis for its decision; and respond to each of the specific issues raised in the request.5

The LEA also has 15 days from receipt of the request to challenge its sufficiency based on failure to satisfy the content requirements set forth in the regulations.6  The ALJ must rule on such a challenge within 5 days; if the challenge is sustained, the hearing request may be dismissed.7  If no sufficiency challenge is filed within the 15 days, the request is deemed sufficient.8

A parent may amend the petition if the LEA consents in writing or if the ALJ grants permission, although the ALJ may only do so if the request is made at least 5 days before the due process hearing.9  If the request is amended under either scenario, the timelines for the resolution period begin anew.10

• 1La. Bulletin 1706 § 508(A)(3)–(4).
• 2For electronic DAL form motions, see La. Div. of Admin. L., Forms.
• 3See La. R.S. 49:956. 
• 4La. Bulletin 1706 § 508(F).
• 5Id. § 508(F)–(G).
• 6Id. § 508(D)(1).
• 7Id. § 508(D)(2).
• 8Id. § 508(D)(1).
• 9Id. § 508(E)(1).
• 10Id. § 508(E)(2).

An LEA must convene a resolution meeting with the parent within 15 days of receiving the due process hearing request.1  The resolution meeting does not have to occur if the parent and LEA agree in writing to waive it or both parties agree to use mediation instead.2  Otherwise, the meeting must be held between the parent and a representative of the LEA who has decision-making authority as well as any member of the IEP team with specific knowledge of the facts related to the due process hearing request.3  An LEA cannot bring an attorney to the resolution meeting unless the parent is also represented by counsel.4  The resolution period may be extended or the due process hearing request may be dismissed at the conclusion of the resolution period if the parent refuses to participate in the resolution meeting after reasonable, documented efforts by the LEA.5

Parties who are able to resolve the dispute must execute a legally-binding, written settlement agreement signed by the parent and a representative of the LEA with authority to bind the agency.6  The written settlement agreement may be voided within 3 business days; if not, it can be enforced in court or through a formal written complaint filed with the LDE.7

If the parent and school district are unable to come to a resolution within 30 calendar days of receipt of the request, the due process hearing timeline begins. In most instances, a final hearing decision must be reached and mailed not later than 45 days after the expiration of the resolution period.8  This means the hearing itself must be held sufficiently in advance of the deadline to give the ALJ time to reach and prepare the decision. The ALJ may extend the 45-day deadline at the request of either party.9

• 134 C.F.R. § 300.510; La. Bulletin 1706 § 510(A)(1).
• 2La. Bulletin 1706 § 510(A)(3).
• 3Id. § 510(A)(1).
• 4Id. § 510(A)(1)(b).
• 5Id. § 510(B)(3)–(4).
• 6Id. § 510(D)(1).
• 7Id. § 510(D)(2)–(E).
• 8Id. § 515(A).
• 9Id. § 515(B). A template motion to extend the timeline for a due process hearing decision is provided in Section 9.

A parent is entitled to expedited due process hearing timelines when the request is filed as an appeal to a manifestation determination or is otherwise filed to challenge a disciplinary change of placement such as an expulsion, long-term suspension, or pattern of short-term suspension for a student with a disability.1  In such cases, the resolution meeting must be held within 7 calendar days of the LEA having received notice of the request, and the due process hearing must take place within 20 school days of the request being filed.2  The ALJ must make a determination with regard to the request within 10 school days after the hearing has concluded.3

• 1See La. Bulletin 1706 § 532(A). For more detailed discussion of the heightened disciplinary protections for students with disabilities, see Section 8.5.
• 2La. Bulletin 1706 § 532(C).
• 3Id. § 532(C)(2).

A significant advantage to requesting a due process hearing is that it is the only dispute resolution mechanism that triggers the IDEA’s “Stay Put” provision. Stay Put refers to the procedural requirement that a student involved in a due process proceeding “remain in his or her current educational placement.”1  For example, if an LEA is proposing to place a child in a more restrictive setting such as a self-contained classroom or special school, the parent can file for a due process hearing to ensure that the student remains in the student’s current classroom setting during the pendency of proceedings. While the Stay Put protections should be self-executing, it may be necessary in some instances to file a motion with the ALJ to ensure the student is not moved.2  Because of the advantages of Stay Put in maintaining the status quo, a strategic request for a due process hearing filed prior to a change in a student’s placement should be considered whenever possible.

• 134 C.F.R. 300.518(A); La. Bulletin 1706 § 518(A).
• 2A template motion for a “Stay Put” order is provided in Section 9.

Once the resolution period ends, either party may request that the matter be set for hearing. Due process hearings are generally scheduled over the course of several days depending on the complexity of the matter and the quantity of issues, evidence, and witnesses involved. The hearing dates will be selected during a pre-hearing telephone conference, after which the ALJ will typically issue a scheduling order that establishes deadlines for filing a pre-hearing statement (as well as the content required in that statement) and the exchange of witness lists and hearing exhibits.1  All evidence and exhibits to be used at the hearing must be disclosed no later than 5 business days before the hearing.2

At the due process hearing, both parties have the right to be accompanied by legal counsel or individuals with special knowledge or training with respect to the education of students with disabilities.3  Each party has the right to present evidence and confront, cross-examine, and compel the attendance of witnesses.4  Unless otherwise specified in special education regulations, the hearing will be conducted according to the Division of Administrative Law Rules.5  As with other administrative hearings, hearsay is admissible.6  The burden of proof at a due process hearing is on the party seeking relief, which is usually the parent.7  After the hearing, parents may obtain a written or electronic verbatim record of the hearing and the findings of fact and decisions at no cost.8  A copy of the hearing decision will be mailed to each party by the original or extended timeline.9

If the due process hearing decision contains findings that the LEA violated a student’s right to FAPE, the ALJ may order the LEA to provide appropriate relief, including the provision of compensatory education and services. Compensatory education is an equitable remedy designed to rectify “an educational deficit created by an educational agency’s failure over a given period of time to provide a FAPE to a student.”10  An LEA must provide compensatory education in the amount and form necessary to place special education students deprived of FAPE “in the position they would have been in but for the violation of the Act.”11  Other typical remedies available through a due process hearing include reimbursement for out-of-pocket expenses by the parents for services that should have been provided by the LEA, changes to the IEP in a manner required for FAPE, and orders to implement the IEP or cease illegal practices being experienced by the student.

A parent who prevails at a due process hearing may apply to a court for reasonable attorneys’ fees as part of the costs of due process litigation.12  Attorneys’ fees could also be awarded to the LEA against the attorney when a parent requests a hearing for an improper purpose; when the request is frivolous, unreasonable, or without foundation; or when the attorney continues to litigate after the litigation clearly becomes so.13  Attorneys’ fees associated with the due process litigation will be awarded based on rates prevailing in the community for the kind and quality of services provided.14  Attorneys’ fees may not be awarded for any services performed subsequent to a written offer of settlement to the parent made at least 10 days before the hearing if the relief ultimately obtained by the parent is not more favorable than the offer of settlement.15

• 1La. Bulletin 1706 § 511(I).
• 2Id. § 512(A)(3), (B)(1).
• 3Id. § 512(A)(1).
• 4Id. § 512(A)(2).
• 5See Division of Administrative Law Rules, LAC 1:III.101, et seq.
• 6See La. Household Goods Carriers v. La. PSC, 99-3184 (La. 06/30/00), 762 So. 2d 1081.
• 7La. Bulletin 1706 § 511(J).
• 8Id. § 512(A)(4)–(5).
• 9Id. § 515(A).
• 10Reid ex rel. Reid v. District of Columbia, 401 F.3d 516, 523 (D.C. Cir. 2005).
• 11Spring Branch Indep. Sch. Dist. v. O.W., 961 F.3d 781, 800 (5th Cir. 2020) (citing Reid, 401 F.3d at 518).
• 12La. Bulletin 1706 § 517(A).
• 13Id. § 517(A)(1)(b)–(c).
• 14Id. § 517(C).
• 15Id. § 517(C)(2).

If a parent disagrees with the due process hearing decision or findings, the parent may appeal by bringing a civil action in any state or federal district court of competent jurisdiction within 90 days of the ALJ’s decision.1  The court may hear additional evidence and will base its decision based on a preponderance of the evidence, granting the relief it determines to be appropriate.2

• 1La. Bulletin 1706 § 516(A)–(B).
• 2Id. § 516(C).