Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Louisiana: What Parents Need to Know

Q: What is the Louisiana Department of Education's role in special education?

The Louisiana Department of Education (LDOE) oversees special education through its Office of Special Education Services. LDOE monitors district compliance, investigates state complaints, and provides resources for families.

Louisiana follows IDEA with its own state rules. Here's what families need to know about timelines, the IEP process, and where to get help in Louisiana.

Meghan Moore, BCBA, M.A. Special Education

Louisiana Special Education Overview

Special education in Louisiana is governed by IDEA and Louisiana Administrative Code Title 28, Part XCIII (Special Education). The Louisiana Department of Education (LDOE) oversees compliance through its Office of Special Education Services.

Evaluation Timelines

Louisiana must complete the initial special education evaluation within 60 calendar days of receiving parental consent. After the evaluation, the IEP team must convene and develop the IEP within 30 calendar days. Services must begin as soon as the IEP is finalized and parents have been given the opportunity to review and respond.

IEP Development and Review

IEPs in Louisiana must be reviewed at least annually. Reevaluations must occur at least every three years. Louisiana follows federal IDEA requirements for IEP content and team composition. Parents must receive a copy of the IEP and have the right to participate fully in the meeting.

Dispute Resolution in Louisiana

State Complaints

State complaints are filed with the Louisiana Department of Education, Office of Special Education Services. LDOE must investigate and issue a written decision within 60 calendar days of receiving the complaint.

Contact: LDOE Office of Special Education Services
Phone: 225-342-3631
Website: louisianabelieves.com/students/special-education

Mediation

Voluntary mediation is available at no cost to parents through LDOE. Mediation is confidential and any agreement is legally binding.

Due Process

Due process hearings in Louisiana are conducted by independent hearing officers. Either parent or district can file. Louisiana follows the federal IDEA two-year statute of limitations. There is a 30-day resolution period after filing before the hearing proceeds.

Louisiana-Specific Resources

Families Helping Families

Families Helping Families is Louisiana's network of Parent Training and Information (PTI) centers. With regional centers across the state, they provide free training, information, and advocacy support to families of children with disabilities.

Website: lano.org
Phone: 800-331-4683 (statewide line)

Disability Rights Louisiana

Disability Rights Louisiana is the state's Protection and Advocacy (P&A) organization. They provide legal services and advocacy in special education cases.

Website: disabilityrightsla.org
Phone: 504-522-2337

Key Things to Know in Louisiana

Louisiana uses a 60-calendar-day evaluation timeline
IEP must be developed within 30 calendar days after evaluation completion
State complaints go to LDOE's Office of Special Education Services
Families Helping Families has regional PTI centers across the state
Disability Rights Louisiana provides legal services

Frequently Asked Questions

How long does Louisiana have to evaluate my child for special education?

Louisiana must complete the initial evaluation within 60 calendar days of receiving parental consent. After evaluation, the IEP must be developed within 30 calendar days.

What is the Louisiana Department of Education's role in special education?

LDOE oversees special education through its Office of Special Education Services. LDOE monitors district compliance, investigates state complaints, and provides resources for families.

Where do I file a special education complaint in Louisiana?

State complaints are filed with LDOE's Office of Special Education Services. LDOE must investigate and issue a decision within 60 calendar days.

Where can Louisiana families get free advocacy help?

Families Helping Families is Louisiana's PTI network with regional centers across the state. Disability Rights Louisiana is the state's P&A organization and provides legal services.