34 C.F.R. § 300.513 : Education — REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION — OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION — ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES — PROCEDURAL SAFEGUARDS DUE PROCESS PROCEDURES FOR PARENTS AND CHILDREN — Hearing decisions
(a)Decision of hearing officer on the provision of FAPE.(1) Subject to paragraph (a)(2) of this section, a hearing officer's determination of whether a child received FAPE must be based on substantive grounds.
(2) In matters alleging a procedural violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies-
(i) Impeded the child's right to a FAPE;
(ii) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or
(iii) Caused a deprivation of educational benefit.
(3) Nothing in paragraph (a) of this section shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under §§300.500 through
300.536.
(b)Construction clause. Nothing in §§300.507 through
300.513 shall be construed to affect the right of a parent to file an appeal of the due process hearing decision with the SEA under §300.514(b), if a State level appeal is available.
(c)Separate request for a due process hearing. Nothing in §§300.500 through
300.536 shall be construed to preclude a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed.
(d)Findings and decision to advisory panel and general public. The public agency, after deleting any personally identifiable information, must-
(1) Transmit the findings and decisions referred to in §300.512(a)(5) to the State advisory panel established under §300.167; and
(2) Make those findings and decisions available to the public.
34 C.F.R. § 300.513
Authority: 20 U.S.C. 1415(f)(3)(E) and (F), 1415(h)(4), 1415(o)