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U.S. Department of Education: Promoting Educational Excellence for all Americans

Finality of hearing decision; appeal; impartial review (Sec. 300.514)

Comment: One commenter recommended clarifying that Sec. 300.514(b) applies only to States with a two-tier due process system.

Discussion: We believe that Sec. 300.514(b)(1) is clear that a State-level appeal of a due process decision is available only in States that have a two-tiered due process system. This is a longstanding provision, which is consistent with section 615(g) of the Act. We do not believe further clarification in the text of the regulations is necessary.

Changes: None.