Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

recommendations based on the offering party’s evaluations

that the party intends to use at the hearing.

(2) A hearing officer may bar any party that fails to comply with paragraph (b)(1) of this section from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

(c) Parental rights at hearings. Parents involved in hearings must --

(1) Be given the right to open the hearing to the public; and

(2) Receive a copy of the record of the hearing and the findings of fact and decisions described in paragraphs (a)(4) and (a)(5) of this section at no cost.

(Authority: 20 U.S.C. 1415(f)(2), 1415(h), 1439)

§303.445 Hearing decisions.

(a) Decision of hearing officer. (1) Subject to

paragraph (a)(2) of this section, a hearing officer’s

determination of whether an infant or toddler was appropriately identified, evaluated, or placed, or whether

the infant or toddler with a disability and his or her

family were appropriately provided early intervention services under Part C of the Act, must be based on substantive grounds.

(2) In matters alleging a procedural violation, a