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New law shifts burden of proof in special-education hearings to Louisiana school districts
Summary
Staff told the board HB 342 (now act 943) moves the burden of proof to school districts in due-process special-education hearings, requiring districts to show IEPs were appropriate and services correctly implemented; Lund said Louisiana is the first Southern state to adopt this change.
Juliana Lund told the committee that House Bill 342 (act 943) changes due-process proceedings by shifting the burden of proof to school districts, so districts must demonstrate a student’s individualized education program (IEP) was appropriate and services were properly implemented. "Under this new legislation, the burden of shift now the burden of proof now shifts to a school district requiring them to demonstrate that a student's individualized education program, their IEP, was appropriate," she said.
Lund said the change follows similar moves in several other states and flagged that this will require district legal and special-education teams to review procedures for investigations and documentation.
