This amendment changes the name of a bill that requires school districts to prove their special education plans are appropriate during legal hearings.
Louisiana2026Enacted
HB342
Special Education Hearing Burden of Proof Act
Last scannedAug 25, 2026, 3:26 AM
In one sentence
This law requires local education agencies to prove that a student's special education program or placement is appropriate if challenged in a due process hearing.
What it does
- Places the burden of proof on local education agencies during special education due process hearings regarding the appropriateness of a student's current or proposed program or placement.
- Requires schools to meet this burden by showing their case is more likely true than not (preponderance of the evidence).
- Defines the burden of proof as including both presenting facts and convincing the hearing officer.
Who it affects
- Local education agencies (school districts)
- Students receiving special education services whose programs or placements are being reviewed
Limits and unknowns
- The law does not explain how much money schools will need to prepare for these hearings.
- The text does not state if this rule applies to past cases that happened before the effective date of August 1, 2026.
Plain language
Terms to know
- Burden of proof
- The responsibility to provide enough evidence and convince the hearing officer that a claim is true.
- Due process hearing
- A formal meeting where disagreements about special education services are decided by an official.
- Preponderance of the evidence
- Showing that something is more likely true than not true, or greater than 50% certain.
Official record
Sources
Official summary
EDUCATION/SPECIAL: Provides that a local education agency shall have the burden of proof in any special education due process hearing relative to the appropriateness of a student's current or proposed program or placement (EN SEE FISC NOTE LF EX)
Official activity
Bill history
- Effective date: 08/01/2026.H
- Becomes Act No. 943 without the Governor's signature.H
- Sent to the Governor for executive approval.H
- Signed by the President of the Senate.S
- Enrolled and signed by the Speaker of the House.H
- Read by title, roll called, yeas 99, nays 0, Senate amendments concurred in.H
- Scheduled for concurrence on 05/29/2026.H
- Received from the Senate with amendments.H
- The amended bill was read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.S
- Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.S
- Committee amendments read and adopted. Read by title and referred to the Legislative Bureau.S
- Reported with amendments.S
- Read second time by title and referred to the Committee on Education.S
- Received in the Senate. Read first time by title and placed on the Calendar for a second reading.S
- Read third time by title, amended, roll called on final passage, yeas 99, nays 2. Finally passed, title adopted, ordered to the Senate.H
- Scheduled for floor debate on 04/14/2026.H
- Read by title, ordered engrossed, passed to 3rd reading.H
- Reported favorably (11-0).H
- Read by title, under the rules, referred to the Committee on Education.H
- First appeared in the Interim Calendar on 2/27/2026.H
Changes
Amendments
6 stored
Filed 5
This amendment gives the bill a special name honoring eight individuals and updates the section numbering to match.
This amendment records that the House of Representatives voted to agree with changes made by the Senate to a bill about special education hearings.
This amendment changes the official name of the bill to honor eleven specific individuals.
This amendment changes the official name of the bill to honor eleven specific individuals.