Delaware Administrative Code
Title 14 - Education
900 - Special Populations
926 - Children with Disabilities Subpart E Procedural Safeguards for Parents and Children
Section 926-13.0 - Hearing Decisions

Universal Citation: 14 DE Admin Code 926-13.0

Current through Register Vol. 28, No. 3, September 1, 2024

13.1 Decisions of hearing panel: Subject to subsection 13.2 a hearing panel's determination of whether a child received FAPE shall be based on substantive grounds.

13.2 In matters alleging a procedural violation, a hearing panel may find that a child did not receive a FAPE only if the procedural inadequacies:

13.2.1 Impeded the child's right to a FAPE;

13.2.2 Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or

13.2.3 Caused a deprivation of educational benefit.

13.3 Nothing in subsections 13.1 or 13.2 shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under Sections 1.0 through 36.0.

13.4 Construction clause: Nothing shall be construed to affect the right of a parent to file an appeal of the due process hearing decision under Section 16.0.

13.5 Separate request for a due process hearing: Nothing 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.

13.6 Findings and decision to Governor's Advisory Council for Exceptional Citizens and general public: The DOE, after deleting any personally identifiable information, shall transmit the findings and decisions referred to in subsection 12.1.5 to the chairperson of the Governor's Advisory Council for Exceptional Citizens and make those findings and decisions available to the public by placing legal notice annually in newspapers of sufficient circulation in each of the 3 Delaware counties, that this information may be obtained through the DOE, and by placing the findings and decision on its Website.

(Authority: 20 U.S.C. 1415(f)(3)(E) and (F), 1415(h)(4), 1415(o); 14 Del.C. §§ 3110, 3137, 3138(f))

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