Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 828 - IMPARTIAL DUE PROCESS HEARING
Section 828.100 - Decision of the Hearing Officer

Universal Citation: 89 IL Admin Code ยง 828.100

Current through Register Vol. 48, No. 38, September 20, 2024

a) Within 10 days after the conclusion of the hearing, the hearing officer shall issue a written decision that sets forth the issues in dispute, the findings of fact based upon the evidence and testimony presented, and the hearing officer's conclusions of law and orders. The hearing officer shall determine whether the evidence establishes that the student has needs that require special education services and, if so, whether the services proposed or provided by the School are appropriate given the student's identified needs.

b) The hearing officer's decision shall be sent by certified mail to the involved parties. The decision shall be translated into the native language of the parents or guardians if their primary language is other than English.

c) The written decision shall be binding upon the parties unless a party aggrieved by the decision commences a civil action as provided in Section 14-8.02a(i) of the School Code. A filing of a civil action shall act as a supersedeas, and implementation of the hearing officer's decision shall be stayed pending judicial review.

d) The hearing decision, if not appealed pursuant to subsection (c), shall be enforced by the School.

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