IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
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.
Parental rights in due process hearing proceedings
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