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.
we do not believe that it is appropriate to amend the regulations to require verbal reading of the notice. We would expect that the notice would be read to a parent if the parent requested this assistance.
Hearing rights (§303.444)
Comment: One commenter questioned whether it is appropriate to have an infant or toddler at a due process hearing.
Discussion: While parents always have the right to determine whether their infant or toddler is present at a hearing, we do not believe it is necessary to specify this
right in §303.444(c)(1) because, in general, infants and
toddlers with disabilities do not need to be present to either serve as witnesses at, or required participants in, a due process hearing. However, we note that under either the Part B or Part C due process hearing procedures, a parent is in the best position to decide whether an infant or toddler will attend the due process hearing.
Changes: We have removed §303.444(c)(1) and renumbered
paragraphs (c)(2) and (c)(3) as paragraphs (c)(1) and (c) (2) of this section.
Hearing decisions (§303.445)
Comment: One commenter recommended eliminating the