---
kind: "section"
citation: "34 C.F.R. § 303.445"
title: "34"
number: "303.445"
heading: "Hearing decisions."
url: "https://uscodex.org/cfr/34/303.445"
---

# §303.445. Hearing decisions.

- (a) **Decision of hearing officer.**
  - (1) Subject to [paragraph (a)(2)](#a-2) of this section, a hearing officer's determination of whether an infant or toddler was appropriately identified, evaluated, or placed, or whether the infant or toddler with a disability and his or her family were appropriately provided early intervention services under part C of the Act, must be based on substantive grounds.
  - (2) In matters alleging a procedural violation, a hearing officer may find that a child was not appropriately identified, evaluated, placed, or provided early intervention services under part C of the Act only if the procedural inadequacies—
    - (i) Impeded the child's right to identification, evaluation, and placement or provision of early intervention services for the child and that child's family under part C of the Act;
    - (ii) Significantly impeded the parent's opportunity to participate in the decision-making process regarding identification, evaluation, placement or provision of early intervention services for the child and that child's family under part C of the Act; or
    - (iii) **Caused a deprivation of educational or developmental benefit.**
  - (3) Nothing in [paragraph (a)](#a) of this section precludes a hearing officer from ordering the lead agency or EIS provider to comply with procedural requirements under [§§ 303.400 through 303.449](/cfr/34/303.400..303.449.md).
- (b) **Construction clause.** Nothing in [§§ 303.440 through 303.445](/cfr/34/303.440..303.445.md) affects the right of a parent to file an appeal of the due process hearing decision with the lead agency under [§ 303.446(b)](/cfr/34/303.446.md?p=b), if the lead agency level appeal is available.
- (c) **Separate due process complaint.** Nothing in [§§ 303.440 through 303.449](/cfr/34/303.440..303.449.md) precludes a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed.
- (d) **Findings and decisions to general public.** The lead agency, after deleting any personally identifiable information, must make the findings and decisions available to the public.

## Notes

### Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

### Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.