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not have a personal or professional interest that would conflict with his or her objectivity in implementing due process hearing procedures. Section 303.435(b)(2) provides that a person who otherwise qualifies under paragraph (b) (1) of this section is not an employee of an agency for

purposes of the prohibition in §303.435(b)(1) solely

because the person is paid by the agency to implement the

due process hearing procedures. Under §303.435(b)(2), the

sole fact that an administrative law judge is an employee

does not trigger the prohibition in §303.435(b)(1) if that

employee’s job as an administrative law judge is to preside

over due process hearings under the Act and is operating under a system of mandates pursuant to a State executive order designed to ensure his or her independence and impartiality.

Changes: None.

Parental rights in due process hearing proceedings

(§303.436)

Comment: A few commenters requested that §303.436

stipulate that parents who pursue a due process hearing are entitled to due process hearing records, findings, and conclusions at no cost to the parent.

Discussion: We agree that a parent involved in a due process hearing should receive a copy of the transcription