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