House Bill No. by Representative Knox amends the current law regarding special education due process hearings by establishing that local education agencies (LEAs) will bear the burden of proof in these hearings. Specifically, the bill enacts R.S. 17:1946(B)(3), which stipulates that LEAs must demonstrate the appropriateness of a student's current or proposed program or placement. This burden of proof includes both the burden of persuasion and production, and it must be met by a preponderance of the evidence.
The bill retains existing regulations that require the state Department of Education, the Special School District, and local education agencies to follow federal law (IDEA) in providing procedural safeguards for students with exceptionalities and their parents. By placing the burden of proof on LEAs, the bill aims to ensure that students receive a free appropriate public education and that their needs are adequately addressed during due process hearings.