NC Education Code · NC Policy Manual

NC 1504-1.14 Hearing Decisions

Plain English summary

This regulation governs how hearing officers must make determinations regarding FAPE (Free Appropriate Public Education) in due process hearings. It limits findings of FAPE denial based on procedural violations to situations where those violations actually harmed the child's rights, parental participation, or educational benefit. It also establishes requirements for the SEA to publish hearing decisions and preserves parent rights to appeal and file separate complaints.

Key requirements

  • A hearing officer's determination of whether the child received FAPE must be based on substantive grounds.
  • In matters alleging a procedural violation, a hearing officer may find that a child did not receive FAPE only if the procedural inadequacies impeded the child's right to FAPE, significantly impeded the parent's opportunity to participate in the decision-making process, or caused a deprivation of educational benefit.
  • A hearing officer is not precluded from ordering an LEA to comply with procedural requirements under NC 1504-1.1 through NC 1504-2.7.
  • Nothing in NC 1504-1.8 through NC 1504-1.14 shall be construed to affect the right of a parent to file an appeal of the due process hearing decision with the SEA.
  • Nothing in NC 1504-1.1 through NC 1504-2.7 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.
  • The SEA, after deleting any personally identifiable information, must transmit the findings and decisions referred to NC 1504-1.13(a)(5) to the State advisory panel established under NC 1501-13.1.
  • The SEA must make those findings and decisions available to the public.

Affected parties

  • students with disabilities
  • parents of students with disabilities
  • hearing officers
  • local education agencies (LEAs)
  • State Education Agency (SEA)
  • State advisory panel

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=91