7 Miss. Code. R. 34-E-300.513

Current through December 10, 2024
Section 7-34-E-300.513 - Hearing decisions
(a)Decision of the hearing officer on the provision of FAPE.
(1) Subject to paragraph (a)(2) below, a hearing officer's determination of whether a child received FAPE must be on substantive grounds.
(2) In matters alleging a procedural violation, a hearing officer may find that a child did not receive FAPE only if the procedural inadequacies
(i) Impeded the child's right to FAPE;
(ii) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of FAPE to the parent's child; or
(iii) Caused a deprivation of educational benefit.
(3) Nothing in paragraph (a) above shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under §§300.500 through 300.536.
(b) (Omitted)
(c)Separate request for a due process hearing. Nothing in §§300.500 through 300.536 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.
(d)Findings and decision to advisory panel and general public. The public agency, after deleting any personally identifiable information, must
(1) Transmit the findings and decisions referred to in §300.512(a)(5) to the State Special Education Advisory Panel established under §300.167; and
(2) Make those findings and decisions available to the public.

7 Miss. Code. R. 34-E-300.513