Section 1415 (f) (3) (E)

(E) Decision of hearing officer

    (i) In general

  • Subject to clause (ii), a decision made by a hearing officer shall be made on substantive grounds based on a determination of whether the child received a free appropriate public education.
  • (ii) Procedural issues

  • In matters alleging a procedural violation, a hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies—
    • (I) impeded the child’s right to a free appropriate public education;
    • (II) significantly impeded the parents’ opportunity to participate in the decisionmaking process regarding the provision of a free appropriate public education to the parents’ child; or
    • (III) caused a deprivation of educational benefits.

    (iii) Rule of construction

  • Nothing in this subparagraph shall be construed to preclude a hearing officer from ordering a local educational agency to comply with procedural requirements under this section.
  • Severe Discrepancy
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    Last modified on November 7, 2019