Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 31
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44H
D
EARING
ECISIONS
You have the right to have a decision based on the issues in your due process
request, to file a separate due process request if new issues arise, and to have
information that specifically identifies your child removed from the hearing
decision before the decision is made public.
A hearing officer’s decision on whether your child received a free appropriate public education
(FAPE) must be based on substantive grounds. In matters alleging a procedural violation, a
hearing officer may find that your child did not receive FAPE only if the procedural
inadequacies:
1. Interfered with your child’s right to a FAPE;
2. Significantly interfered with your opportunity to participate in the decision-making
process regarding the provision of a FAPE to your child; or
3. Caused a deprivation of an educational benefit.
Note
None of the provisions described above can be interpreted to prevent a hearing officer from
ordering a school division to comply with the requirements in the procedural safeguards section
of the Federal regulations under the IDEA (34 CFR §§300.500 through 300.536).
Separate Request for a Due Process Hearing
Nothing in the procedural safeguards section of the Federal regulations under Part B of the IDEA
(34 CFR §§300.500 through 300.536) can be interpreted to prevent you from filing a separate
request for due process on an issue separate from a request for due process already filed.
Findings and Decisions to the Virginia State Special Education Advisory Committee and
General Public
VDOE is responsible for deleting any personally identifiable information, as well as:
1. Providing the findings and decisions in the due process hearing to the State Special
Education Advisory Committee; and
2. Making those findings and decisions available to the public.
VDOE fulfills these responsibilities by posting these decisions quarterly on its web site.
T
C
H
R
IMELINES AND
ONVENIENCE OF
EARINGS AND
EVIEWS
You have the right to have the hearing at a time and place that is convenient to
you, to have a final decision in the hearing within a set timeline, and to receive
a copy of the decision.
VDOE must ensure that not later than 45 calendar days after the expiration of the 30-calendar-
day period for resolution meetings or, as described under the sub-heading Adjustments to the
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SS/SE-4 (6/16)
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