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.
ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or parents. A parent may request a due process hearing under
the procedures in §303.430(d)(1) provided that such hearing
procedures meet the requirements of the hearing procedures
in §303.413 or may request a hearing directly under the
State’s procedures in §303.413 (i.e., procedures that are
consistent with the FERPA hearing requirements in 34 CFR 99.22).
(Authority: 20 U.S.C. 1417(c), 1439(a)(2), 1439(a)(4), 1442)
§303.412 Result of hearing.
(a) If, as a result of the hearing, the participating agency decides that the information is inaccurate, misleading or in violation of the privacy or other rights of the child or parent, it must amend the information accordingly and so inform the parent in writing.
(b) If, as a result of the hearing, the agency decides that the information is not inaccurate, misleading, or in violation of the privacy or other rights of the child or parent, it must inform the parent of the right to place in the early intervention records it maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the