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(Approved by Office of Management and Budget under control number 1820-NEW)

(Authority: 20 U.S.C. 1415(f)(1)(A), 1415(f)(3)(A)–(D),

1439)

§303.444 Hearing rights.

(a) General. Any party to a hearing conducted

pursuant to §§303.440 through 303.445, or an appeal

conducted pursuant to §303.446, has the right to--

(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of infants or toddlers with disabilities;

(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;

(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

(4) Obtain a written or, at the option of the parents, electronic, verbatim record of the hearing; and

(5) Obtain written or, at the option of the parents, electronic findings of fact and decisions.

(b) Additional disclosure of information. (1) At least five business days prior to a hearing conducted

pursuant to §303.443(a), each party must disclose to all

other parties all evaluations completed by that date and