HB 342

ENROLLED
 2026 Regular Session
  ACT No. 943
 HOUSE BILL NO. 342
 BY REPRESENTATIVES KNOX, ADAMS, AMEDEE, BAYHAM, BERAULT, BOYD,
  BROUSSARD, CARPENTER, WILFORD CARTER, CARVER, CHASSION,
  CHENEVERT, EDMONSTON, EGAN, FISHER, FREIBERG, GREEN,
  JACKSON, TRAVIS JOHNSON, JORDAN, LACOMBE, TERRY LANDRY,
  LARVADAIN, LYONS, MARCELLE, MARTINEZ, MENA, MOORE, NEWELL,
  OWEN, PHELPS, SCHAMERHORN, SPELL, STAGNI, TAYLOR, VENTRELLA,
  WALTERS, WILEY, WYBLE, YOUNG, AND ZERINGUE
1AN ACT
2 To enact R.S. 17:1946(B)(3), relative to special education; to provide for special education
3due process hearings; to provide that local education agencies shall have the burden
4of proof in such hearings relative to the appropriateness of a student's current or
5proposed placement or program; to provide for how the burden of proof shall be met;
6and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8Section 1. This Act shall be known and may be cited as the "Vinaya Alexander,
9 Landry Bell, Noah Cannino, Erin Carpenter, Corinth Corley, Zachry Edmonston, Carter
10 Hart, Cameron Hogan, Eden Emily Robinson, Sammy Rollins, and Henry Lee Wray Act".
11Section 2. R.S. 17:1946(B)(3) is hereby enacted to read as follows:
12§1946. Procedural safeguards
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14B.
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16(3) In any special education due process hearing, the local education agency
17shall have the burden of proof, including the burden of persuasion and production,
18relative to the appropriateness of a student's program or placement or the
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
HB NO. 342  ENROLLED
1appropriateness of the program or placement proposed by the agency. This burden
2shall be met by a preponderance of the evidence.
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  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.