115C-109.8. Procedural issues.
(a) In matters alleging a procedural violation, the hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies (i) impeded the child's right to a free appropriate public education; (ii) significantly impeded the parents' opportunity to participate in the decision-making process regarding the provision of a free appropriate public education to the parents' child; or (iii) caused a deprivation of educational benefits.
(b) A hearing officer may order a local educational agency to comply with procedural requirements under this Article and IDEA. (2006-69, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 115C - Elementary and Secondary Education
Article 9 - Education of Children With Disabilities.
§ 115C-106.3 - Definitions[Effective until January 1, 2023]
§ 115C-107.1 - Free appropriate public education; ages.
§ 115C-107.2 - Duties of State Board of Education.
§ 115C-107.4 - Monitoring and enforcement.
§ 115C-107.5 - Annual reports.
§ 115C-107.6 - Duties of local educational agencies[Effective until January 1, 2023]
§ 115C-107.7 - Discipline, corporal punishment, and homebound instruction.
§ 115C-108.1 - State Board lead agency[Effective until January 1, 2023]
§ 115C-108.2 - Interlocal cooperation.
§ 115C-109.1 - Handbook for parents.
§ 115C-109.2 - Adult children with disabilities; surrogate parents.
§ 115C-109.3 - Access to records; opportunity for parents to participate in meetings.
§ 115C-109.5 - Prior written notice.
§ 115C-109.6 - Impartial due process hearings.
§ 115C-109.7 - Resolution session.
§ 115C-109.8 - Procedural issues.
§ 115C-110.1 - Teacher qualifications.
§ 115C-110.2 - Interpreters/transliterators.
§ 115C-111.1 - Out-of-state students; eligibility for State funds.
§ 115C-111.2 - Contracts with private service providers.
§ 115C-111.3 - Cost of education of children in group homes, foster homes, etc.
§ 115C-111.5 - Allocation of federal funds.
§ 115C-111.6 - Obligation to provide services for preschool children with disabilities.
§ 115C-112.1 - Establishment; organization; powers and duties[Effective until January 1, 2023]
§ 115C-127 through 115C-128 - 115C-127, 115C-128Recodified as §§ 143B-164.10 and 143B-164.13.
§ 115C-130 through 115C-133 - Recodified as §§ 143B-164.14 through 143B-164.17.