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.
of the hearing (i.e., a record of the hearing), the findings of fact, and the decisions at no cost.
Changes: Section 303.436(b)(4) and (b)(5) has been changed to specify that a parent involved in a due process hearing has the right to receive a written or electronic verbatim transcription of the hearing and a copy of the written findings of fact and decisions at no cost to the parent.
Convenience of hearings and timelines (§303.437)
Comment: Several commenters recommended that §303.437,
like 34 CFR 300.515(c) of the Part B regulations, allow hearing officers to grant specific extensions of time beyond the period set out in 34 CFR 300.515 of the Part B regulations at the request of either party.
Discussion: Sections 303.435 through 303.438 are
substantively unchanged from current §§303.420 through
303.423, which prescribe a 30-day timeline for due process proceedings in States that adopt Part C due process procedures under section 639 of the Act. However, we agree with the commenters that extensions to the 30-day timeline
in §303.437(b) may be necessary under certain circumstances
(such as, unavailability of witnesses, exceptional child and family circumstances, and pending evaluations and assessments). Therefore, we have added a new paragraph (c) to this section providing that a hearing officer may grant