- (a) After the presentation of the evidence and, if allowed, closing arguments of the parties, the hearing officer shall rule orally on issues, if any, for which the hearing officer has reached a decision.
(b) Within the timeline for regular and expedited hearings (unless extensions have been granted), and after the conclusion of the hearing, the hearing officer shall issue a written judgment containing:
- (1) Findings of fact;
- (2) The decision or decisions; and
- (3) Any orders resulting from the hearing decision.
(c) The findings of fact shall be limited to the facts:
- (1) That were supported by the evidence; and
- (2) Upon which the hearing officer based any portion of the decision.
(d) Any orders resulting from the hearing decision shall:
- (1) Be issued in concise language;
- (2) Address any violations noted in the hearing decision; and
- (3) Mandate definite action to remedy any violations.
- (e) In no event shall a hearing officer retain jurisdiction over the parties to the hearing after the hearing decision has been issued.
(f) Decision of hearing officer on the provision of FAPE.
- (1) Subject to subdivision (f)(2) of this section, a hearing officer’s determination of whether a child received FAPE must be based on substantive grounds.
(2) In matters alleging a procedural violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies:
- (A) Impeded the child’s right to a FAPE;
- (B) Significantly impeded the parent’s opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent’s child; or
- (C) Caused a deprivation of educational benefit.
- (g) Nothing in this section shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under 34 C.F.R. §§ 300.500 – 300.536.