§8-60-67 - Hearing decisions.

§8-60-67 Hearing decisions. (a) Decision of hearing officer on the provision of a FAPE. (1) Subject to paragraph (2), a hearing officer's determination of whether a student received a 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 a FAPE only if the procedural inadequacies:

(A) Impeded the student's right to a FAPE;

(B) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's student; or

(C) Caused a deprivation of educational benefit.

(3) Nothing in subsection (a) shall be construed to preclude a hearing officer from ordering the department to comply with procedural requirements under sections 8-60-56 through 8-60-81.

(4) Following the placement of a student in a private school, for continued placement, the private school cannot be deemed an appropriate placement by the hearing officer unless the private school allows the department to exercise its responsibility to ensure the provision of a FAPE under sections 8-60-29 and 30.

(b) Separate request for a due process hearing. Nothing in sections 8-60-56 through 8-60-81 shall be construed to preclude a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed.

(c) Findings and decision to advisory panel and general public. The department, after deleting any personally identifiable information, shall:

(1) Transmit the findings and decisions referred to in section 8-60-66(a)(5) to the State advisory panel; and

(2) Make those findings and decisions available to the public.

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(f)(3)(E) and (F), 1415(h)(4), 1415(o), HRS §302A-1112) (Imp: 34 C.F.R. §300.513)


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