Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES
Section 92-55-008 - Decision and order in a special education contested case

Universal Citation: 92 NE Admin Rules and Regs ch 55 ยง 008

Current through March 20, 2024

008.01 Every decision and order adverse to a party to the proceeding, rendered by the hearing officer in a special education contested case, shall be in writing or stated in the record and shall be accompanied by a jurisdictional statement and by findings of fact and conclusions of law.

008.02 Subject to subsection 008.03, a decision made by a hearing officer shall be made on substantive grounds based on a determination of whether the child received a free appropriate public education.

008.03 In matters alleging a procedural violation, a hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies:

008.03A. Impeded the child's right to a free appropriate public education;

008.03B. Significantly impeded the parents' opportunity to participate in the decisionmaking process regarding the provision of a free appropriate public education to the parents' child; or

008.03C. Caused a deprivation of educational benefit.

008.04 Nothing in subsections 008.02 and 008.03 shall be construed to preclude a hearing officer from ordering a local educational agency to comply with procedural requirements under this section.

008.05 Nothing in this Chapter shall be construed to affect the right of a parent to file a complaint with the Department pursuant to 92 NAC 51-009.09.

008.06 The decision and order should include:

008.06A. The name of the Department and name of the proceeding;

008.06B. The time and place of the hearing;

008.06C. The names of all parties or their attorneys who entered an appearance at the hearing;

008.06D. The findings of fact consisting of a concise statement of the conclusions upon each special education contested issue of fact;

008.06E. The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and

008.06F. The order consisting of the action taken as a result of the facts found and the legal conclusions arising therefrom.

008.07 Parties to the proceeding shall be notified of the decision and order or by certified mail in the manner required by subsection 008.08. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record in the manner required by subsection 008.08.

008.08 At the completion of the proceedings, the hearing officer shall prepare a report based on the evidence presented containing findings of fact and conclusions of law. The report shall contain a description of the substance of the evidence presented at the hearing and a list of exhibits offered into evidence together with a statement of which exhibits were received and which were not. Within forty-five (45) days after the receipt of a request for a hearing by the Department, or longer if continuances are granted pursuant to subsection 006.03, the hearing officer shall prepare and mail a final decision and order directing such action as may be necessary. The report and the final decision and order shall be delivered via certified mail to each party or attorney of record and to the Commissioner of Education.

008.09 A decision made in a hearing conducted pursuant to this Chapter shall be final, except that any party involved in such hearing may appeal such decision under the provisions of law referred to in Section 009.

008.10 The hearing officer shall forward to the Department the original pleadings, orders, and exhibits in the case. Such materials shall be forwarded within five (5) calendar days of the date of the final decision and order.

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