La. Admin. Code tit. 28 § XLIII-513

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLIII-513 - 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 the student received FAPE shall be based on substantive grounds.

2. In matters alleging a procedural violation, a hearing officer may find that a student did not receive FAPE only if the procedural inadequacies:

a. impeded the student's right to FAPE;

b. significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of FAPE to the parent's child; or

c. caused a deprivation of educational benefit.

3. Nothing in Subsection A of this Section shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under §501

B. Separate Request for a Due Process Hearing. Nothing in §501 shall be construed to preclude a parent from filing a separate due process hearing request on an issue separate from a due process hearing request already filed.

C. Findings and Decision to Advisory Panel and General Public. The LDE, after deleting any personally identifiable information, shall:

1. transmit the findings and decisions referred to in §512. A.5 to the state advisory panel established under §167; and

2. make those findings and decisions available to the public.

La. Admin. Code tit. 28, § XLIII-513

Promulgated by the Board of Elementary and Secondary Education, LR 34:2073 (October 2008), amended LR 38:2368 (September 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.