Louisiana Administrative Code
Title 28 - EDUCATION
Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act
Subpart 2 - Regulations for Gifted/Talented Students
Chapter 15 - Procedural Safeguards
Section XLIII-1513 - Hearing Decisions
Universal Citation: LA Admin Code XLIII-1513
Current through Register Vol. 50, No. 9, September 20, 2024
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 in these
regulations.
B. Separate Request for a Due Process Hearing. Nothing in these regulations 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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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