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HLS 26RS-1062 REENGROSSED
2026 Regular Session
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
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
1 AN ACT
2 To enact R.S. 17:1946(B)(3), relative to special education; to provide for special education
3 due process hearings; to provide that local education agencies shall have the burden
4 of proof in such hearings relative to the appropriateness of a student's current or
5 proposed placement or program; to provide for how the burden of proof shall be met;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. This Act shall be known and may be cited as the "Erin Carpenter, Corinth
9 Corley, Landry Cravins, Zachry Edmonston, Carter Hart, Cameron Hogan, Vinaya Martin,
10 and Henry Lee Wray Act".
11 Section 2. R.S. 17:1946(B)(3) is hereby enacted to read as follows:
12 §1946. Procedural safeguards
13 * * *
14 B.
15 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1062 REENGROSSED
HB NO. 342
1 (3) In any special education due process hearing, the local education agency
2 shall have the burden of proof, including the burden of persuasion and production,
3 relative to the appropriateness of a student's program or placement or the
4 appropriateness of the program or placement proposed by the agency. This burden
5 shall be met by a preponderance of the evidence.
6 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 342 Reengrossed 2026 Regular Session Knox
Abstract: 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 and that the burden of proof shall be met
by a preponderance of the evidence.
Present law requires the state Dept. of Education, the Special School District, and the local
education agencies to establish and maintain regulations and procedures in accordance with
present law and the federal law (IDEA) to ensure that students with exceptionalities and their
parents are provided procedural safeguards for the provision of free appropriate public
education by such agencies, including provisions for special education due process hearings.
Proposed law retains present law and adds that in all such hearings, the local education
agency shall have the burden of proof, including the burden of persuasion and production,
relative to the appropriateness of a student's program or placement or the appropriateness of
the program or placement proposed by the agency. Provides that this burden shall be met
by a preponderance of the evidence.
Proposed law provides that proposed law shall be known and may be cited as the "Erin
Carpenter, Corinth Corley, Landry Cravins, Zachry Edmonston, Carter Hart, Cameron
Hogan, Vinaya Martin, and Henry Lee Wray Act".
(Adds R.S. 17:1946(B)(3))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add that proposed law shall be known and may be cited as the "Erin Carpenter,
Corinth Corley, Landry Cravins, Zachry Edmonston, Carter Hart, Cameron
Hogan, Vinaya Martin, and Henry Lee Wray Act".
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.