Sec. 303.445 (a) (2)

(2) In matters alleging a procedural violation, a hearing officer may find that a child was not appropriately identified, evaluated, placed, or provided early intervention services under part C of the Act only if the procedural inadequacies—

(i) Impeded the child’s right to identification, evaluation, and placement or provision of early intervention services for the child and that child’s family under part C of the Act;
(ii) Significantly impeded the parent’s opportunity to participate in the decision-making process regarding identification, evaluation, placement or provision of early intervention services for the child and that child’s family under part C of the Act; or
(iii) Caused a deprivation of educational or developmental benefit.
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