34 CFR section 300.513; 8 NYCRR section 200.5(j) Decision of hearing officer An decision on whether your child received FAPE must be based on substantive IHO’s grounds. In matters alleging a procedural violation, an IHO may find that your child did not receive FAPE only if the procedural inadequacies: interfered with your right to FAPE; child’s significantly interfered with your opportunity to participate in the decision-making process regarding the provision of FAPE to your child; or caused a deprivation of an educational benefit. Construction clause None of the provisions described above can be interpreted to prevent an IHO from ordering a school district to comply with the requirements in the procedural safeguards section of the federal regulations under Part B of IDEA (34 CFR sections 300.500 through 300.536). None of the provisions under the headings: Filing a Due Process Complaint; Due Process Complaint; Model Forms; Resolution Process; Impartial Due Process Hearing; Hearing Rights; and Hearing Decisions (34 CFR sections 300.507 through 300.513), can affect your right to file an appeal of the due process hearing decision with the State Review Officer (SRO) (see heading Appeals - Finality of Decision). Separate request for a due process hearing Nothing in the procedural safeguards section of the federal regulations under Part B of IDEA (34 CFR sections 300.500 through 300.536) can be interpreted to prevent you from filing a separate due process complaint on an issue separate from a due process complaint already filed. Findings and decision to advisory panel and general public The State educational agency or the school district (whichever was responsible for your hearing), after deleting any personally identifiable information, must provide the findings and decisions in the due process hearing or appeal to NYSED. NYSED will provide the findings and decisions to the for Special Education and Commissioner’s Advisory Panel make those findings and decisions available to the public.
34 CFR section 300.513; 8 NYCRR section 200.5(j) Decision of hearing officer An IHO’s decision on whether your child received FAPE must be based on substantive grounds. In matters alleging a procedural violation, an IHO may find that your child did not receive FAPE only if the procedural inadequacies: interfered with your child’s right to FAPE; significantly interfered with your opportunity to participate in the decision-making process regarding the provision of FAPE to your child; or caused a deprivation of an educational benefit. Construction clause None of the provisions described above can be interpreted to prevent an IHO from ordering a school district to comply with the requirements in the procedural safeguards section of the federal regulations under Part B of IDEA (34 CFR sections 300.500 through 300.536). None of the provisions under the headings: Filing a Due Process Complaint; Due Process Complaint; Model Forms; Resolution Process; Impartial Due Process Hearing; Hearing Rights; and Hearing Decisions (34 CFR sections 300.507 through 300.513), can affect your right to file an appeal of the due process hearing decision with the State Review Officer (SRO) (see heading Appeals - Finality of Decision). Separate request for a due process hearing Nothing in the procedural safeguards section of the federal regulations under Part B of IDEA (34 CFR sections 300.500 through 300.536) can be interpreted to prevent you from filing a separate due process complaint on an issue separate from a due process complaint already filed. Findings and decision to advisory panel and general public The State educational agency or the school district (whichever was responsible for your hearing), after deleting any personally identifiable information, must provide the findings and decisions in the due process hearing or appeal to NYSED. NYSED will provide the findings and decisions to the Commissioner’s Advisory Panel for Special Education and make those findings and decisions available to the public.
Procedural%20Safeguard%20Notice-NYSED-annual-12-11.docx