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

Timelines and convenience of hearings and reviews (Sec. 300.515)

Comment: One commenter recommended that the regulations clarify when the various timelines for resolution meetings and due process hearings start and stop. One commenter disagreed with Sec. 300.515(a), stating that the 45-day timeline should begin when the public agency receives a request for a due process hearing.

Discussion: We agree that clarification is needed regarding the various timelines for resolution meetings and due process hearings. As stated earlier in the Analysis of Comments and Changes in Sec. 300.510, we have added a new paragraph (c) in Sec. 300.510 to specify adjustments to the 30-day resolution period and when the 45-day timeline for due process hearings begins for these exceptions. In order to be consistent with this change, we are changing the introductory language in Sec. 300.515(a).

Changes: We have changed the introductory language in Sec. 300.515(a) to reference the adjustments to the 30-day timeline in new Sec. 300.510(c).

Comment: A few commenters recommended that the hearings and reviews be conducted at a time and place that are "mutually convenient" to the parent and child involved, rather than "reasonably convenient," as required in Sec. 300.515(d). Another commenter recommended that the hearings and reviews be conducted at a time and place that is reasonably convenient to "all parties involved."

Discussion: The Department believes that every effort should be made to schedule hearings at times and locations that are convenient for the parties involved. However, given the multiple individuals that may be involved in a hearing, it is likely that hearings would be delayed for long periods of time if the times and locations must be "mutually convenient" for all parties involved. Therefore, we decline to change this regulation.

Changes: None.