LAC 28: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 through 536. B. Separate Request for a Due Process Hearing. Nothing in §§501 through 536 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.