While most laws surrounding special education are federal, Louisiana state laws and regulations also govern the way special education is offered and funded. The Individuals with Disabilities Act (IDEA) requires states to provide a Free Appropriate Public Education (FAPE) to all students in the Least Restrictive Environment. In Louisiana, if a child is eligible for special education services, they must have an Individualized Education Program or Plan, or an IEP. The Education of students with disabilities is also governed by Section 504 of the Federal Rehabilitation Act. In some instances, a child may qualify under one law and not the other.
IEP Handbook for Students with Exceptionalities
Louisiana's IEP Handbook for Students with Exceptionalities outlines the legal procedures of the IEP process as mandated by the Individuals with Disabilities Education Act (IDEA) and Louisiana state law and regulation. Although state law refers to this document as a “handbook,” it reads like a state regulation and is challenging. However, it provides basic information on how to secure special education services in Louisiana through an IEP. Note that the term “exceptionalities” is used extensively in Louisiana special education law—this refers to any student who is diagnosed with 1 or more of 13 recognized disabilities or is gifted.
The Lento Law Firm is a Nationwide IEP Firm
The Lento Law Firm is a nationwide firm of experienced education attorneys. The Lento Law Firm Team represents parents or guardians fighting for Individualized Education Plans (IEPs) that adequately address the needs of their child.
IEPs in Louisiana
In Louisiana, the special education process consists of:
- Referral
- Evaluation
- Eligibility
- Development of the Individualized Education Program (IEP)
- IEP review
- Reevaluation
Summary of Process
The IEP process in Louisiana involves an evaluation to determine if a child has a disability and needs special education. If the evaluation reveals a disability, the next step is an IEP Team Meeting, which will begin the drafting of the IEP. The IEP, once established, must be reevaluated periodically.
Types of IEPs under Louisiana Law
Louisiana law recognizes 3 types of IEPs:
- Initial IEP
- IEP is done for a student who has not previously received special education services.
- Review IEP
- review of an existing IEP is done at least annually for evaluation of progress.
- Interim IEP
- IEP is prepared for a student in Louisiana who has received special education services in another state or who is otherwise likely to need special education services. This allows the student to commence access to special education while the school district proceeds through the IEP process.
What is a Disability?
There are currently 13 disability categories recognized by federal and Louisiana state law:
- Autism Spectrum Disorders (ASD)
- Deaf and Blind (D/B)
- Deaf or Hard of Hearing (D/HH)
- Developmental Cognitive Disabilities (DCD)
- Developmentally Delayed (D/D)
- Emotional or Behavioral Disorders (EBD)
- Other Health Disabilities (OHD)
- Physically Impaired (PI)
- Severely Multiple Impaired (SMI)
- Specific Learning Disabilities (SLD)
- Speech or Language Impairments (S/LI)
- Traumatic brain injury (TBI)
- Visually Impaired (VI)
A student may have multiple disabilities and may be diagnosed with more than one of these listed disabilities.
Assessment of Disability
The process of securing special education services in Louisiana begins with an evaluation and assessment of the student's abilities. Either the school district or the parent may request an evaluation, and the parent must consent for the evaluation process to proceed.
The Assessment shows where the student is at the time (baseline) and sets goals for the future. Every IEP should include a method of assessment to measure progress towards goals.
Under 34 C.F.R. 300.502(b)(2), a parent or guardian may request an Independent Educational Evaluation (IEE) at no cost. The parent may select the qualified evaluator of their choice.
IEP Meeting
If a student is found to have a disability, the next step in the process is an IEP Meeting, which is a meeting of people involved in a student's education.
The IEP Team includes the following people:
- A representative of the school district.
- The parent or guardian of the child.
- An evaluation representative.
- The regular classroom teacher.
- A special education teacher.
- The student, with parent's consent.
- Other participants or experts invited by the parent or school district.
The special education or regular teacher cannot come to the IEP Meeting with a plan, as the meeting is collaborative. The teacher should be listening to the parent and thinking creatively—not trying to control and force any agenda.
No member of the team may be excused from meeting attendance without the consent of the parent in writing.
Contents/Sections of IEP in Louisiana
An IEP in Louisiana must contain the following content:
- General information about student. This will include strengths, concerns of parents, and other information.
- Results of Initial Evaluation. The results of the initial evaluation will be included.
- Present level of educational performance (PLEP). This aspect should describe how a particular disability affects education. This should involve testing results and observation.
- Results of statewide testing, if available.
- Annual goals and shorter-term objectives. Goals should be measurable. Shorter-term objectives should describe small steps to the larger goal. The IEP must be revised annually (at least) as appropriate to address a lack of progress.
- Program modifications and support. This section should describe how the classroom expectations may need to change, considering the disability.
- Special education-related services. This section describes services needed by the student to be successful. The student must get a service if it is necessary for the FAPE.
- Extent of participation in a regular classroom. The IEP should indicate the extent to which the student will be able to participate in a regular classroom or extracurricular activities.
- Anticipated frequency, location, and duration of services.
- Type of physical education program which will be offered.
- Transition plan. If a student is over the age of 16, the IEP should include plans for after the student turns 18.
Accommodations and modifications
The IEP Team will consider what specific changes may be made in the classroom or school that assist a student in improving educational performance. These changes are referred to as accommodations and modifications and may involve changes to the way material is presented or taught to a student with a disability. It may be necessary to adapt the content of educational material (i.e., to modify the complexity of some materials) or to otherwise change the way information is taught. If necessary, performance criteria or testing conditions can be changed or modified. Whatever modifications and accommodations are sought, the IEP serves as a roadmap to assist special education and regular classroom teachers in providing a supportive and effective classroom environment.
Related Services
In addition to classroom modifications and accommodations, the IEP will also plan the sort of related services the school district must provide to a student. A related service is offered beyond the classroom for a child to receive a FAPE. Under Louisiana law, related services refer to “transportation and such developmental, corrective, and other supportive services as are required to assist a student with a disability to benefit from special education.”
In Louisiana, related services may include but are not limited to the following:
- Speech/language pathology services
- Assistive technology
- Physical or occupational therapy
- Audiological services
- Orientation and mobility services
- Interpreting services and counseling
- Rehabilitation counseling
- Psychological services
- Recreation
- Early identification and assessment of disabilities in children
- Transportation services
- Medical services for diagnostic or evaluation purposes
- School health services and school nurse services
- Social work services in schools
- Parent counseling and training.
Conflicts may arise between parents and school districts regarding related services—the parents view related services as vital, but the school district may see them as burdensome.
Alternate Graduation Path under the April Dunn Act
Louisiana students with disabilities can pursue a high school diploma through an alternate path under the April Dunn Act. This may involve two distinct tracts: Tops University, in preparation for college study, or Tops Tech, which equips students to move into a chosen tech career path. The IEP team can determine an alternate path to a diploma and alter graduation requirements accordingly.
Under either option, the IEP team will:
- Identify the student's strengths and weaknesses.
- Review test scores, grades, and other evaluations.
- Identify potential accommodations and supports.
- Review a graduation plan to determine requirements.
- Determine if individual performance criteria should be used.
- Create and apply individualized performance criteria.
- Ensure benchmarks and expectations are upheld.
So, the IEP process may provide both access to special education services and an alternate path to a high school graduation. The accommodations and modifications provided in this Act can be critical to some students with disabilities.
Informal Dispute Process
If a parent is dissatisfied with any aspect of the IEP, they have several informal options:
- Facilitated IEPs A parent or guardian may request a Facilitated IEP process through the filing of a Facilitation Request Form. The Facilitator assigned should be neutral and represent neither the school district nor the parent or guardian. This process is voluntary and may help flush out issues.
- Mediation If the parents do not agree, the process moves to mediation, which is a non-binding effort by a neutral observer to help the parties settle on a compromise. The parent or guardian may request mediation through the filing of a Mediation Request Form with the Louisiana Department of Education (LDOE).
Formal Dispute Resolution – Formal Complaint
The formal dispute resolution process begins with the filing of a Formal Complaint. The LDOE offers a Formal Complaint Form, which is not required but is strongly recommended.
A Formal Complaint must be in writing, signed, and sent to the LDOE and must contain an allegation that the school district has violated a requirement, setting forth issues and facts supporting each issue. The Formal Complaint investigation is limited to the issues identified in the Formal Complaint, so care should be given to present all issues and facts. At this point, an experienced LEP attorney may become critical.
Formal Complaint Investigation
After the filing of a Formal Complaint, the parties have 15 days to engage in an informal resolution. After the expiration of the 15-day period, the Louisiana Department of Education (LDOE) will assign an Investigator to review the Complaint. The school district must provide a written response and supporting information to the Investigator. The parent or guardian will have a chance to provide information in writing or in an interview during the investigation. The investigation must be complete in 45-60 days unless the parties agree to an extension. The Investigator makes a written factual finding and legal determination of whether the school district violated a law or regulation.
Due Process Hearing
The parent or guardian or their attorney may file a Due Process Hearing Request. The Due Process Hearing is a formal proceeding in front of an administrative law judge (ALJ).
All Due Process Hearing Requests must be in writing and include:
- The requester's name, address, and telephone number.
- The child's name and address (if different).
- The school district or charter school.
- A statement describing the issues and supporting facts.
- A proposed resolution.
The LDOE has a Due Process Hearing Request Form, which it “strongly encourages” but does not require. The LDOE warns that it will not “officially accept and process a Due Process Hearing Request unless it contains all of the information listed.” The Department also notes that the Legal Division will acknowledge when it receives a complete request and will then assign an ALJ. The ALJ will set a prehearing conference to discuss and review the hearing process and schedule and discuss pending issues.
In a Due Process hearing, the parent or guardian has several rights:
- The right to hire an attorney or an expert witness.
- The right to present witness testimony and evidence.
- The right to confront and cross-examine witnesses for the school district.
- The right to have the child there if the parent chooses.
- The right to an open hearing.
Appeal
The parents may file a civil action in state or federal court within 90 days after receiving the ALJ's decision.
Compensatory Educational Services
Compensatory Educational Services are an enriched pattern of services that allow children denied special education services to “catch up” to where they would have been if the school district had offered a FAPE. If your child has been underserved in terms of special education for a significant period, he or she may have fallen far behind. Following a Due Process Hearing, you may be entitled to compensatory educational services, or services offered to address damages your child experienced during the time in which their needs were not met.
When an Attorney is Necessary
Parents often ask if an attorney is necessary in an IEP matter. While in some instances, the parents may effectively advocate for their child, the greater the needs of the student, the greater the likelihood that you will need an attorney to secure complete services. Advocating on behalf of your child is more than “speaking up”—it's organizing and presenting evidence in a persuasive way.
Despite months of meetings and best efforts by the parent or guardian, many school districts simply fail to offer necessary and legal services. The parent may begin to suspect retaliation against their child or a sibling, and relationships between the teacher and parent may begin to break down. If the parties are at a standoff or relationships are deteriorating, the situation is not likely to improve without the intervention of counsel. If you are asking yourself if it is time to hire an experienced education attorney, the answer is probably “yes, it's time.”
The Attorney as an Equalizer
Parents or guardians can find an IEP Meeting or Due Process Hearing overwhelming and intimidating. The room is full of teachers, education professionals, and legal specialists, and the opinions of a parent may be minimized. It may begin to feel like it's you (and your child) against the world, or at least the school district. An experienced attorney on your side of the table is a great equalizer in this situation. The power dynamics of a hearing shift decidedly in your favor when you have an experienced and tough advocate. The earlier in the process an attorney is involved, the better.
Cost of Special Education Services
Louisiana uses a Flat Weight funding formula called the Minimum Foundation Program (MFP) to fund special education services. Flat weight means the state allocates a single dollar amount for students who qualify for special education services. Special education students are assigned a weighted value of 1.50. This often does not provide adequate funding for disabled students requiring more services.
IEP Disputes Can Become a Fight for Resources
An IEP dispute can become a fight over resources. The school district may want to limit services offered to your child because of the cost. As a parent, you know that your child desperately needs these services to succeed. Legally, the school district should not limit student services because of cost. But special education funding from the federal government—promised at 40% at the time of the passage of IDEA—has fallen far short. States, including Louisiana, are faced with funding the shortfall. The school district will be inclined to limit services for reasons of funding. It is vital to have counsel and a good strategy to obtain the best result possible.
Attorney's Fees
If you prevail in a Due Process Hearing, you may be entitled to reimbursement of your attorney's fees. IDEA contains a fee-shifting provision that provides that parties that prevail in a Due Process proceeding will receive payment of their attorney's fees. Keep in mind that this provision does not cover certain costs, such as expert fees, and applies only when you prevail. An experienced education attorney can review your case and assess your chances of recovering fees.
How a Special Education Attorney Can Help
- Secure your child's files and evaluation and all paperwork related to the IEP.
- Assess the strengths and weaknesses of your case and advise you of your options.
- Check for legal compliance issues.
- Prepare for and represent you at the IEP meeting.
- Prepare a draft outline of the IEP with parent's preferences.
- Review the IEP or other paperwork before you sign it.
- Prepare for and represent your interests at the Due Process Hearing.
- Prepare an appeal, if necessary.
Things to Remember About a Louisiana IEP
- The IEP is a legally binding document. If the school district fails to follow it, you can file a formal complaint based on noncompliance.
- Any modification to the IEP must be reduced to writing and agreed to by the parties.
- Dyslexia is covered by a separate statute in Louisiana, and a student with dyslexia may be covered by either the IEP process or the Section 504 process.
- The process of advocating for your child is not over when you have a good IEP. School districts or individual teachers may choose not to follow the IEP. If you have a good attorney, the school district may have added incentive to abide by the IEP rather than risk the payment of attorney's fees incurred seeking compliance.
- As a parent, you are an expert on your child, and you are an essential part of every stage of the IEP process. The school does not write the IEP and hand it to you—you write it with the school. You are an essential part of the process, and your child is the focus.
Lento Law Firm Team Represents Louisiana Parents or Guardians
As a nationwide law firm, the Lento Law Firm Team can represent Louisiana parents or guardians in New Orleans, Shreveport, Baton Rouge, Lafayette, Metairie, Lake Charles, or small towns and communities throughout the state. We understand that the culture of a community will be reflected in schools and the educational decisions of local administrators. Wherever you live in Louisiana, your child has a right to receive special education services necessary for their education. We will vigorously fight for those services while showing balanced respect to your community. You can contact us online or call at 888-535-3686.
