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

Agency responsible for conducting the due process hearing (Sec. 300.511(b))

Comment: One commenter noted that Sec. 300.511(b) refers to the State or a public agency holding a hearing, whereas the Act refers to the State or an LEA holding a hearing. The commenter requested clarification regarding whether any agency, other than an LEA, is permitted to hold a hearing under the Act.

Discussion: The term "public agency" in these regulations is intended to address situations where an entity might satisfy the definition of public agency in Sec. 300.33, but would not satisfy the definition of LEA in Sec. 300.28. As set forth in Sec. 300.33, a public agency may be responsible for the education of a child with a disability. In these circumstances, the public agency would hold the due process hearing.

Changes: None.