STATE OF LOUISIANA DIVISION OF ADMINISTRATIVE LAW P.O. Box 44033, Baton Rouge, LA 70804-4033 Main Phone (225) 342-1800 * Fax (225) 342-1812 www.adminlaw.state.la.us Located at 1020 Florida Street, Baton Rouge, LA 70802 JOHN BEL EDWARDS Governor EMALIE A. BOYCE Director March 15, 2018 Marta Jewson The Lens 4344 Earhart Boulevard, Suite B New Orleans, LA 70125 VIA E-MAIL to mjewson@thelensnola.org RE: Response to Public Records Request Dear Ms. Jewson, On March 5, 2018, we received the attached public records request for a copy of the complaint and final decision in DAL Docket No. 2016-2727-DOE-IDEA. Attached, please find our response, which has been redacted for privacy reasons, and is being sent electronically to the e-mail address above in an attachment consisting of consisting of 26 pages. Should you have any questions, please contact the Division of Administrative Law at (225) 342-1800. Very truly yours, C Christine Dabney Clerk of Court Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Division of Administrative Law (DAL) Public Records Request Form Use this form to request a copy of a public record in the custody and control of the Division of Administra ve Law. (If you want to request records from an administra ve case and you are a party to the case, do not use this form. Instead, contact the Clerk's Office to obtain a copy of the records.) There may be costs associated with this request depending on the delivery format you choose for the response. All costs must be paid in advance. You may submit the form online by filling it out completely and clicking on the “Submit” bu on at the end of the form. To print and send this form to DAL by postal mail or fax, click here to download the form. ................................................................................................................................................................................................................................................................................ First Name * Marta Last Name * Jewson Organization The Lens If Applicable Mailing Address * Street Address 4344 Earhart Blvd. Address Line 2 Suite B Email Address * City State / Province / Region New Orleans LA Postal / Zip Code Country 70125 Orleans mjewson@thelensnola.org Telephone Number * 612-802-3063 Fax Number Description of Information Requested DAL Docket Number 2016-2727-DOE-IDEA If applicable Please be as specific as possible to ensure your request is accurately answered. If you need additional space, you may add an additional page to this request by attaching a document below. * I'd like to view a copy of the complaint and the final decision in this case. Attach Document Delivery Format Options The response can be provided to you in one of four delivery formats: in person inspection, email, hard copies, and download to CD. Records requested to be viewed in person or emailed to you are available at no cost. There are costs for hard copies of the records or if you want the records downloaded to a CD. Select One * No cost delivery format options Costs delivery format options * E-mail Select your preferred delivery format option. Date of Request 3/5/2018 Signature * Type your name or use your mouse to sign. FILED S TA T E OF LOUISIANA MAR 17 2016 DIVISION OF ADMINSTRATIVE LAW LOUISIANA DEPARTMENT OF EDUC. To: From: Date: Re: Division of Admini~rative law Kathe Zolman March 17,2016 Request for Due Process Hea KZ.. ~b~ Public School Board and louisiana Department of Education log Number: 56-H-09 The Department received a reques~s hearing in on Tuesday, March 15, 2016 fro~ parent of indicates that additional copies were sent to the school districts. I . . ' ' . . ferenced matter The complaint Based on the March 15, 2016 receipt date, the deadline for the complainant and the school district to conduct a resolution session is Wednesday, March 30, 2016. Unless one of the three events described in louisiana Bulletin 1706 §510.C occurs, the resolution period will expire on Thursday, Aprlll4, 2016, 30 days after the filing of the hearing request. Please document the date on which the parties are informed of the assignment of a hearing officer, as that date triggers the parties' three day period to challenge the assignment. In accordance with Federal and State Regulations, a final decision must be mailed to the parties within forty-five days of the end of the resolution period. Once the hearing timeline begins to run, you may grant "specific extensions of time ...at the request of either party" - not on your own initiative. louisiana Bulletin 1706 §51S(B). "When an extension is granted, the hearing officer shall, on the day the decision is made to grant the extension, notify all parties and the Department in writing, stating the date, time, and location of the rescheduled hearing." Bulletin 1706 §515.8.2. The Department and all parties should also be notified of any impact the extension will have on the issuance of the final order. Please inform us of: 1. The initial deadline for the hearing in accordance with Section 515 of Bulletin 1706; 2. Date(s) of any pre·hearing conferences; 3. The hearing date(s); and 4. Dates of any extended deadlines. During the course of the hearing, ONlY send the Department correspondence that sets dates • including deadlines and hearing dates. Please submit the entire administrative record, including the original signed decision, once the rehearing and appeal delay have lapsed. Lou.tstG."'ASCI OO .. S.t--:ET Please send all final decisions (including dismissals) as follows: 1. to the Department by email to madavis@la.gov (send the signed original by mail with the rest of the file); 2. to the Special Education Director • or the attorney who represents the school district • by certified mail, return receipt requested; 3. to the parent - or the attorney who represents the parent • by certified mail, return receipt requested; 4. to the parent • or the attorney who represents the parent - by first class mail, with a certificate of mailing; (two copies must be sent to the parent or the parent's attorney); and, 5. to the superintendent of the school district by first class mail. Please send the (original or copy) certified mail slips and the certificate of mailing to me with the file. You may have certified mail return receipts sent to my attention, or you may send them to me after you receive them. Please put the log number (Log Number: 56-H-09) on the certified mail slips, the return cards, and the certificate of mailing. The Department has continued its contract with Associated Reporters, Inc., to provide court reporting services for due process hearings. Contact Katrina Morgan at (504) 529·3355 or (800) 355-7245 upon determining the hearing date to arrange for a court reporter for your hearing. Be sure to inform her that you are calling for the Department of Education in order to avoid billing problems. Please contact Margie Golmon at (225) 342-3572 for any questions you have regarding the contract for court reporting services. If you have any additional questions or concerns, please feel free to contact Marshall Ann Davis at (225} 342-6971. KRZ/mad Attachment Request for due process hearing Lou.tstG.\1\rgoing was sent by electronic mail on this 15 111 Stewart, Hammonds, Sills. Adkins & Guice, Counsel Tyn:ll Manieri. Louisiana Department of Education '·'"''~~.>.....u Page 2 of 2 PRR, Page 4 of 26 of March 2016 to Wayne T. "'""''-''U Roard and to FILED S T A T E OF LOUI SIAN A MAR 17 201 6 __ DIVISION OF ADMINSTRATIVE LAW ·~----g•g• CIN0-0 STATR OF LOUISIA. . . DMSION OF ADMJNJSTRATIVE LAW DEPARTMENT OF EDUCATION IN THE MAlTER OF IIIIIIBYANDTHOUGH THE~ • DOCKET NO• • TRACKING N O . - - - - - • * • • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• REQUEST FOR DUE PROCESS J. INTRODUCI'ION ., l. The Complainant,- on behalf of complaint against both n . - files this due process School Board .SB) and the Louisiana Deparcment of Education (LOOE) seeking the immediate impJementation of the 1rai1Sition plan created at the November 18, 2015 Individualized Education Program (IEP) meeting. and 1hat. . receive compensatory education for the period oftimc since October28. 2015 where bas not received educational services. Additionally, i.SB and LDOE arc unable or unwilling to provide. . with a free appropriate public education in a safe environment, that.B and LOOE fund private education and related services forllll 2. . . is a Hip School who was attending a public school directly administered by ~B in -Parish, Louisiana• . . was placed at this school by.B forthe2015~2016 school year. October28, 2015 was the last date. . received services and since that time has not received any educational services. 3. . . bas an Individualized Education Program (IEP) under the Individuals with Disabilities Act (IDEA)~ is diagnosed with • • and has significant intellectual delays. RECEIVED MAR 15 2016 LE: C/\L DIVIS ION DEflAR rMENT OF EDUCATION PRR, Page 5 of 26 had a detailed behavior and crisis plans to addl'Css asgressive While at behaviors related to 4. disability. On October 28, 2015, an incident occurred a t - · involvinglllland one--on--one teacher and paraprofessional. ~ retwned home after the incident with severe bruising to both eyes and a cut lip. The did not receive proper notice of this re$tmint or other incidents of restraint and secJusion during the previous two months. The counse~ , through filed a fonnal state complaint regarding 1his incident as well as prior restraints and seclusion. 5. After the November 4, 201S complaint was filed, the wu supplied with a video recording of the incident by the sehool district. The video recording clearly shows the teacher punchin~ in the 6. The . even after wa restrained by the paraprofessional. filed supplemental materials and infonnation for the November 4, 2015 complaint, which included the fact that. . still was not receiving any educational services. 7. In its Jetter of findinp on the swe complaint, LDOE refused to issue findings on whether an illegal restraint occurred and whclher proper documentation of the restraint was provided. LDOE did not issue any tlndinp reprdins- lack of educational services. The letter of findings only ordered.SB to infonn the state of the usignmcnt of a new teacher and paraprofessional by March 28,2016. Mareb 28, 2016 is a fUllS monlhs after educational services ended. 8. The filed a request for reconsideration on the state complaint by LDOE, again oudirung that~ had not received any educational SCtVices since ~tober 28, 201 S. In Its response. LDOE refused to address any issue relating to-la.;k ofany educational Pat~2of18 PRR, Page 6 of 26 services. 9. • At the November 18, 201 5 IEP meeting for . . . . it was agreed upon that in order to transition. . back to school-based services, after the October 28,2015 incident,. . would be provided services in a commuaity based location with an individualized special education teacher and a certified behavior technician (working under the auspices of a Board Cerdfied Behavior Analyst). 10. On December4, 2015, coWlSCl for.SB informed counsel, by email, that. "the.SB continues to actively seek staff to work with. . . While there are some aood leads, there are no specific staff identified and hired." 11. ~eived On January 13,2016 the a leuer from . . Executive Director of Exceptional Children's Services - S B , stating that the necessary staff had not been hired as of yet, but referenced homebound insuuetion for the period until the necessary staff were hired. 12. The counsel and counsel for.B engaged in an email conversation on January 26, 2016 regarding~d for educational services. Ultimately the through counsel stated that, ..As was decided at the December IEP mee1ins.llllwould need the one-on-one special education teacher and the behavior technician for homebound. Once the district bas those in place, 13. is interested in starting immediately." Not having received any further communication from.SB about educational services for~. on February 17, 2016, the , through counsel. emailed counsel for . B noting that . . had not received educational service~ for abnost four months and offering possible solutions if the problem in starting services was an inability to fmd qualified staff. No response to this email has been received as of the date ofthJs filing. Pase 3 of1B PRR, Page 7 of 26 As of the date of this filing~ has been without any educalional services for 14. four and a half months, and no infoniwion has been given regarding when. or if, educational services wiU resume. JS. Complainants contend that the actions of LOOE and ~B and its staff regard ina restraint and seclusion, including the October 28, 2015 incident, have denied and continue to deny Ill access to a free appropriate education in tbe least restrictive environment contmy to rights under the IDEA. 20 U.S.C. §§ 1400·1482; the fcdcraJ regulations promulgated pursuant to the IDEA, 34 C.F.R. §§ 300.1-300.818.; and Louisiana's regulations implementing the IDEA found in Bulletins I SOB and 1706. 16. Complainants contend that the inaction by the LDOE and ~8 in allowing~ to be without any educational services for four and a half months violates- right to a free appropriate education in the least restrictive environment under the JDEA, 20 U.S.C. §§ 1400. 1482; the federal regulations promulgated pursuant to lbe IDEA, 34 C.F.R. §§ 300.1-300.818.; and Louisiana's regulations implementing the IDEA foWld in Bulletins 1508 and 1706. -to 17. Complainants also contend that the inaction by the LOOB and.B in allowing be without any educational services for four and a half months violates riibts under §504 of the Rehabiliwion Act of 1m, 29 U.S.C. §194. II. PARTIES 18. Until October 28, 201 S, High School llllwas auending a public school directly administered by .SB in -Parish, Ill was placed at this school by ~B for the 2015-2016 school year. October 28, Louisiana. P~ce4 of18 PRR, Page 8 of 26 and since that time 20IS was the last date. . received services at has not received any educational services. Prior to the 20 J5·20 16 school year. . had attended other -is charter and direct run schools administered by .SB. 19. 20. the biolosical o._ . B is a local educational aaency responsible for providing. . with a free appropriate public education and the procedural protections required under the IDEA. 20 U.S.C. §§ 1400-1482, Louisiana's Educational Opportunities for Students with Excepcionalitics Act, La. R.S. §§ 17:1941·1990, and Section 504 of the Rehabilitation Act of 1973. 21. LDOE is 1he state educational agency responsible for ensurina that.B provides students with disabilities. Jike. . . a ftee appropriate public education and the procedural protections required under the IDEA, 20 U.S.C. §§ 1400-1482, Louisiana's Educational Opponun.ities for Students with Exccp1ionalities Act, La. R.S. §§ 17:1941- J990. See 34 CFR 300.149; La. Admin Code. tit. 28, pt. XLIII,§ 149. Ill. STATEMENT OF PACTS A. .SB and LDOE violated- ript to a free appropriate education by kD•wiiiiiY aUowlacllllto 10 wi..o•t aoy educational servica for fowr aad a half JQODtbs 22. . . is a who was a public school dlrectly administered by.SB in~arisb. Louisiana. from August 2015 until October28, 2015. Pat• Sof18 PRR, Page 9 of 26 23. . . has an lEP, is diagnosed w i t h - and bas significant intellectual delays. While he had a detailed behavior and crisis plans tQ address aggressive behaviors related to disability. 24. Despite serious concerns voiced by Che was about placed at this school by.B for the 2015-2016 school year. 25. October 28, 2015 was the last d~ received services at~ sinee that time has not received any educational or related services ftom .SB oc any other school district. 26. On October 28, 2015, an incident occurred involving. . and one-on-one teacher and paraprofessional causing not only physical but also psychological trauma tollll 27. On November 4, 201 S the , through counsel, tiled a fonnal state complaint with LDOE, which stated that . . had not received educational services since October 28, 2015. 28. At the November 18, 201 S JEP meeting for. . . it was agreed upon that in order to transition. . back to school-based services, after the October 28, 2015 incident.. . would be provided services in a community based location with an individualized special education teacher and a certified behavior technician (working under the auspices of a Board Certified Behavior Analyst). It was agreed that this transition plan was necessary in order for. . 29. to receive FAPE. On December 4, 2015, counsel for.SB informed that, ''the.SB continues to actively seek staff to work with leads, there are no specific sraff identified and hired." Pqe 6of18 PRR, Page 10 of 26 counsel, by email, IIIII Wbile there are some good 30. filed supplemental materials and information On December 8, 2015, the with LOOE for the November 4, 201 S state complaint that included the fact that-still had not received any educational services since October 28, 2015. 31. On January 4, 2016, LOOE issued its lener of findings for the November 4, 2015 state complainL The lener of findinp only addressed that fact that educational services had not been provided since October 28,2015 by ordering.SB to infonn 1he state of the assjgnment of a new teacher and paraprofessional by March 28,2016, a fullS months after educational services ended. 32. On January 13,2016 the filed a request for ft!Consideration to LDOE for the November 4, 201 S state complaint. again outlining that~ had not received any educational services since October 28,2015. 33. On January 13,2016 the aweived a letter from -Executive Director of Exceptional Children's Services for.SB, S1aling that the necessary staff had not been hired. While homebound instruction was discussed in the letter, it did not explain how that type of instruction would be available without necessary staft'. 34. The counsel and counsel for.SB enpged in an email conversation on January 26,2016 regarding- need for educational services. Ultimately the , through counsel stated that, "As was ~ided at the December IEP meeting,~ would need the one-on-one special education teacher and the behavior technician for homebound. Once the disuict has those in place, 35. is Interested mstarting immediately." On February 16, 2015, LDOE issued its findings regarding the request for reconsideration of the November 4, 20 IS state complaint, but refused to address any issue relating to - l a c k of any educational services since October 28, 201 S. Pase 1 ot 18 PRR, Page 11 of 26 36. Not having received any furthcrconununication from.SB about educational services for. . for over a month, on February 17, 2016, the , through counsel, emailed counsel for.SB noting that. . had not received educational services for almost four months and offering possible solutions ifthe problem in starting services was an inability to find qualified staff. No response to this email has been received as of the date ofthis filing. B. .SB and LDOE violated- right to a free appropriate edueatioa In tbe least restrictive eaviroameat by allowtag atalrto use tHecal rest rabat tedlniques, by aot followblgtbe behavior IDtervnttloa plaa aad erlsls plaa, ud by f.W.g to appropriate!)' report restraints and eeelusioos. 37. and On October28, 2015, an incident occumd involving. . one-on-one teacher and paraprofessional . . returned home after the incident with severe bruising to both eyes and a cut lip. 38. ph~ographed Upon- returning home on October 28, 2015, the the injuries. The then called the leleber. The teacher stated that not know what started the incident and thatllllrepealedly punched repeatedly asking what happened to how. . obtained 39. observed and in the did Despite the the teacher provided no explanation of injuries and did not report the usc of restraints. Under 28 La. Admin. Code Pt XLlll, 543 ..(t]be student's parent or other legal guardian shall also be notified in writing, within 24 hours, of each incident of seclusion or physical restraint. Such notice shall include the reason for such seclusion or physical restraint, the procedures used. the length oftime of the student's seclusion or physical restraint. and the names and titles of any school employee involved." Pa,e 8ofl8 PRR, Page 12 of 26 40. 28 LL Admin. Code Pt XLIU, 543 mandates that "[a] school employee who has placed a student in seclusion or who has physically restrained a student shall document and report each incident in accordance with lhe policies adopted by the school's governing authority. Such report shall be submitted to the school principal not later th111 lhe school day immediately following the day on which the student was placed in seclusion or pbysicaJiy restrained and a copy shall be provided to the student's parent or legal guanlian." 41. On October 28, 2015, the through counsel alerted the school district to the child's injuries and asked for incident Jogs from both this incident and all others during the 2015· 2016 school year. 42. On October 29, 2015, the eyes were swollen. The took photograph$ o~ injuries as both continued ealdng daily pictures of tbe physical injuries until they dissipated over e week later. 43. pedia1rician. Dr.- On October 29, 2015 the infonned the took. . CO Dr. that the type of injuries. . had could not occur through properly used restraint methods and that instead lhey arc consistent with punched repeatedly in the Due to 44. On October 29, 2015. the not to return to school until November 12. 20 IS. through counsel alerted the district to the fact that both o f - eyes ~rc appearing swollen and that the - Or- grave concern regarding the injuries, the Dr. - f i l e d a report with Child ~ve Services regarding the injuries. also provided an excused absence note for being feared f o r - safety at Counsel for the school district responded to alle&ations regudins. . havina been punched by stating that this was patently untrue and that the school was gathering infonnation. Paae 9 ot1a PRR, Page 13 of 26 45. On October 29, 2015, the ~hool district in a response to the request for all records relating to the October 28, 20 IS incident seat only 1he following statement, presumably from- teacher, reaardina this incident: Date & Time: 10128/15.1:55 pm Description: was walkinal down the main set of stairs at~ and started hitting lhe railina. I told to stop. hit in ~ lked quickly to the classroom. When got to the classroom reached to unlock the door and jumped at . clawine at my . protected and usina CPI techniques. hit head aaain and continued protectina and I with CPJ tcchoiques. ran towards the door to leave the building. shoutedfor to come back and go into the cool down room. turned and charged towards scratching at my I a 'n prowcted and I U$lng CPI techniques tried to assist with the sliua&ion usina CPI learned in training. Mr. techni~ back towu s to the exit co the buildina. left the building and ran t o - truck. beat the truck while screamin& profanities, aoina to kill , stupid bitch,.. etc. then bepn throwing chunks ofdin and rocks at and beati~ on the brick walls and silver poles. After about 20 minutes.ot i n t o - truck and said that was calm and ready to go. I I aM. 46. • Combined with the report of the October 28. 2015 incident, on October 29,2015 • 8 provided short narratives regarding other incidents. One shon nanative referen~ed an incident on October 26, 2015 that states 1bat CPI techniques w~ used. CPl is coUoquially used to refer to restraints. ~B aJso provided a short narn1ive of an incident on September 10, 2015 that indicated a 6-mmule seclusion, an incident on September 9, 2015 that indicated a 2~ minute seclusion, and an incident on August 26, 20 IS that indicated a 26-minute seclusion. The had not been previously notified of these seclusions and restraint and never received any n.ther details or reports on chis incident. Despite the each incident, 47. timely request for the video recording of was infonned by ~8 that it had been destroyed. On November 4. 2015, the rtookllllto the dentist regarding the injwies to the mouth. 1be dentist indicated 1rauma to both the upper and lower jaw. Page 10ofl8 PRR, Page 14 of 26 48. , through counsel filed a fonnal state complaint On November 4. 201 S, the reganiing tbis incident and including the allegations regarding .B's failure properly repon restraint and seclusion. 49. On November 10, 201 S, the ,1hrougb counsel, was infonned by counsel for ~B that a school surveillance video existed ofthe October 28, 201 S incident and that it would be provided to the , hopefully by the end of that week. On November 11, 201 S, the through counsel. confirmed this in an email. 50. On Friday, November 13,2015, the , through counsel, again asked when the video of the October 28, 201 S incident would be available and was informed it would be available by close of business on Monday, November 16,201 S. 51. On November 16,2015, almost three weeks after the incident, a Jink to a l minute and 28 se<:ond clip of part of the October 28, 20JS incident was provided by~B to the During the first three seconds of the video clip, the teacher (wearing a red shirt) is shown preemptively pWlChing the student with right ann as shows the teacher pWlchi~ with full force using approached . This video clip also right ann, even after was conlaincd and reSirained by the paraprofessional. 52. After viewing the video, the throuJh counsel on November 17, 201S. once again requested the full video, for a period of30 minutes before the incident. 53. On November 18, 201S, the Early Resolution Medina was held, and no agreement could be made. While an JEP was held to define services to address transitioning IIIII baclc to school after the trauma of the October 28.2015 incident. in no way did this resolve any of the violations included in Special Education Complaint No. 56-C-J 5. Pase 11 of18 PRR, Page 15 of 26 54. expressed that At the November 18, 201 5 IEP meeting for . . . the since the incident,~ bas lost tnest for individuals, and wu unable to interact with service providers. necessitating very speci fie supports to return to educational services. further related that~ was reliving the October incident repeatedly. At the same IEP meetinepsycholosist reported that had the symptoms of post-traumatic stress disorder from the incident. SS. On November 19, 201 S, the district provided the through counsel with a 24 minute and 26 second video clip of the October 28 incident. This video clip also sbows abe teacher punching~ with full force using .B right arm. even after was conaained and restrained by the paraprofessional. 56. supplied its answer to the state complaint on December 4. 2015, which did not reference the video of the October 28 incident, and did not contradict any of the alleaations in the state complaint rcgardini failure to properly report, document, and investiaate restraint and seclusion. 51. On Decemba- 8, 20 l S the filed supplcmencal malerials to the November 4, 201 S scate complaint, providing a copy of the surveiUance video, and addressing the information that had been provided by.SB. S8. LOOE issued its letter offmdings on January 4, 2016. In its letter of findings, LOOE refused to issue fmdings on eilher whether an illepl restraint occuned or whether.SB failed to properly report. docmnent and investigate restraint and seclusion. S9. Louisiana Bulletin 1706 at 28 La. Admin. Code Pt XLUI, JS3(E) states that, .. the LDE shall issue a written decision to Cbe complainant and the public agency that addresses each remaining allegation of the complaint...." (emphasis added). Paee 12of18 PRR, Page 16 of 26 60. On January 13, 2016 the filed a request for reeonsideration by LDOE, reprding a number of tssues, including the failure of the Letter of Findings to issue findings on either whether an illegal restraint o~urred or wbether.B failed to property report, document. and investigate restraint and seclusion. 61. On February 16. 201 S, LDOE issued a response to the request for reconsideration but stated it was beyond lhclr purview to address issues on which LDOE had not issued findings. IV. CAUSES OF ACfiON A. Rigbt to a rne appropriate educadoa in tbe least nstrletlve enviroameat under tlae IDEA aad Lo•lstaaa's law and regutatlons i•plemeattac the IDEA 62. Under the IDEA, all children with disabilities within the State must be provided with a fi'ce appropriate public education. 20 U.S.C. § 1412(a)(l); 34 C.F.R. § 300.101. 63. By failing to provide any educational services to~ for four and a half months .SB violated- right to a free appropriate education unckr the IDEA, 20 U.S.C. §§ 1400. 1482; lhc federal regulations promutaated pursuant to the IDEA, 34 C.P.R. §§ 300.1-300.818.; Louisiana•s Educational Opportunities for Students with ExccptionaJities Act, La. R.S. §§ 17:1941-1990; Louisiana's regulations implementing the IDEA found in Bulletins I508 and 1706. 64. By failing to ensure, through its supervisory authority, that~ received educational servic:es for four and a half months LDOE violated- riaht to a free appropriate education under the IDEA. 20 U.S.C. §§ 1400-1482; the federal regulations promulgated pursuantto the IDEA, 34 C.F.R. §§ 300.1-300.818.; Louisiana•s Educational Opportunities for Pase 13of18 PRR, Page 17 of 26 Students with Exceptionalities Act, La. R.S. §§ 17:1941-1 990; Louisiana's regulations implementing the IDEA found in Bulletins 1S08 and 1706. 65. By failing io provide. . with a safe school enviromnent, and allowing their s1affto engage in illegal and danaerous restraint practi"'-.SB violated- right to a free appropriate education under the IDEA, 20 U.S.C. §§ 1400-1482; the federal regulations promulgated pursuant to the IDEA, 34 C.F.R. §§ 300.1-300.818.; Louisiana's Educational Opportunities for Students with Exc:eptionalities Act, La. R.S. §§ 17:1941-1990; Louisiana's regulations implementing the IDEA fo\Uld in Bulletins 1508 and 1706. 66. By failing to provide finding:~ on whether an illegal resttaint occurred on October 28, 2015, LDOE as the supervi$ory authority violated- right to a free appropriate education under the IDEA, 20 U.S.C. §§ 1400-1482; the federal regulations promulgated pursuant to the IDEA, 34 C.F.R. §§ 300.1-300.818.; Louisiana's Educational Opportunities for Students with ExceptionaJities Act, La. R.S. §§ t 7:1941-1990; Louisiana's regulations implementing the IDEA fowui in Bulletins 1508 and 1706. 67. By failing to provide the with proper notice of five incidents of resbainl and *lusion,.SB violated 28 La. Admin. Code Pt XLID, 543, a procedural violation that impeded the ability to participate i n - educational planning, denying a free and appropriate education under the ID~ 20 U.S.C. §§ 1400-1482; the federal regulations promulgated pursuant to the IDEA, 34 C.F.R. §§ 300.1-300.318.; Louisiana's Educational Opportlmitics for Students with Excepdonalities Act, La. R.S. §§ 17:194 t -1990; Louisiana's regulations implementing the IDEA found in Bulletins 1508 and 1706. 68. By failing to provide findinas on whether ~B failed to properly repol1, document and investigate restraint and seclusion, LDOE as the supervisory authority violated Page 14of18 PRR, Page 18 of 26 - r i g h t to a free appropriate education under the IDEA, 20 U.S.C. §§ 1400-1482; the federal reeulations promulgated pwsuant to the IDEA, 34 C.F.R. §§ 300.1-300.818.; Louisiana's Educational Opportunities for Students with Exceptionalides Act. La. R.S. §§ 17: 1941-1990,· Louistana•s reaulations implementing the IDEA found in Bulletins 1508 and 1706. B. RJclat to a lree appropriate edacatioo iD tbe least restrictive eovlroameat under §504 ol the Rehabilitation act of I 9'73 69. Section 504 ofthe Rehabilitation Act of 1973,29 U.S.C. §794, prohibits programs or activities receiving federal financial assislance, such as.SB, ftom discriminating aaaiQSt, or utilizing criteria or methods of administration which subject, an otherwise qualified handicapped person to discrimination on the basis of handicap. 70. Under §504 and the regulations duly promulgated by the United States Depanment of Education, all students with disabilities within ~B must be provided wilh a free appropriate public education to meet their unique needs, and a panoply of prCM:Cdural safeguards. 34C.F.R. t§I04.33·104.36. 71. By failing to provide any educational services tollllfor foW' and a half months ~B violated- right to a free appropriate education under §504 of the Rehabilitation Act of t 973, 29 U.S.C. §794. 72. By failing to provide !Ill with a safe school environment, and allowing their staff' to engage in illegal and dangerous restraint praetic:es,~B violated- ri&ht to a free appropriate eAkTMt:. Nl Or lOUCATION Advocacy Center 8325 Oak Str~ c t New Orleans. LA 70118 -204 3 504-522·23 37, extension 12R 504-522-5507 (Fncsimilc) dwcinberg@advocacyla.org S<>n c LA 7011 8-2043 BY CERTIFIED MAIL ONLY Mr. Wayne T. Stewrui Attomey at Law 2431 South Acadian Thmway, Suite 600 Baton LA 70808 BY ELECTRONIC MAIL ONLY Marshall Ann Davis, Paralegal Louisiana Deprui ment of Education E-mail: MarshallAnn.Davis@la.gov PRR, Page 26 of 26