BATON ROUGE – Who should carry the burden when children with disabilities are not receiving the services they are entitled to under the law?

Rep. Alonzo L. Knox, D-New Orleans, posed this question on the House floor Tuesday while presenting House Bill 342 that would require local education agencies to present proof of appropriate special education programming in the case of a dispute.

The bill advanced by a vote of 98-3.

The present law requires that the Department of Education, the Special School District and local education agencies comply with the Individuals with Disabilities Education Act (IDEA), a federal law ensuring that all children with disabilities are provided with free and appropriate public education that meets each child's unique needs.

Knox's bill does not create new standards or eligibility requirements for special programming but instead puts the responsibility on local education agencies rather than the parents of children with disabilities.

"School systems are the ones who maintain the records, conduct the evaluations, employ the specialists and document the services provided," Knox said. "When there's a dispute, it's only fair and logical that they show the work."

A report from the Louisiana Legislative Auditor found that as of October 2022, 13% of kindergarten through 12th-grade public school students in Louisiana – a total of 89,681 students – had a disability and were receiving special education services.

For the 2021-22 school year, the Louisiana Department of Education (LDOE) resolved 61 formal complaints regarding proper special education programming but failed to properly address 42 additional complaints received through the department's dispute resolution email.

More recently, between July 1, 2024, and June 30, 2025, 84 formal state complaints were filed with the department. Of those, 23 have been resolved. Knox said parents often drop their child's case due to financial barriers, for example, having to acquire legal representation.

He said the bill promotes transparency and "reinforces the fundamental principle that systems entrusted with the care and education of our most vulnerable, the children with disabilities, must be able to demonstrate that they are meeting their obligations."

Knox emphasized that is a bipartisan issue and a pro-parental and child rights bill. No opposition was brought to the House floor.

"This is a monumental bill for children with special needs, and their parents," said Rep. Kathy Edmonston, R-Gonzales. "For years and years, they have not been able to get what they needed to get from the school system. Because of this bill, I believe they will."