---
kind: "section"
citation: "34 C.F.R. § 300.513"
title: "34"
number: "300.513"
heading: "Hearing decisions."
url: "https://uscodex.org/cfr/34/300.513"
---

# §300.513. Hearing decisions.

- (a) **Decision of hearing officer on the provision of FAPE.**
  - (1) Subject to [paragraph (a)(2)](#a-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—
    - (i) Impeded the child's right to a FAPE;
    - (ii) 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
    - (iii) **Caused a deprivation of educational benefit.**
  - (3) Nothing in [paragraph (a)](#a) of this section shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under [§§ 300.500 through 300.536](/cfr/34/300.500..300.536.md).
- (b) **Construction clause.** Nothing in [§§ 300.507 through 300.513](/cfr/34/300.507..300.513.md) shall be construed to affect the right of a parent to file an appeal of the due process hearing decision with the SEA under [§ 300.514(b)](/cfr/34/300.514.md?p=b), if a State level appeal is available.
- (c) **Separate request for a due process hearing.** Nothing in [§§ 300.500 through 300.536](/cfr/34/300.500..300.536.md) 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)](/cfr/34/300.512.md?p=a-5) to the State advisory panel established under [§ 300.167](/cfr/34/300.167.md); and
  - (2) **Make those findings and decisions available to the public.**

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.