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.
(c) Separate due process complaint. Nothing in
§§303.440 through 303.449 precludes a parent from filing a
separate due process complaint on an issue separate from a due process complaint already filed.
(d) Findings and decisions to general public. The lead agency, after deleting any personally identifiable information, must make the findings and decisions available to the public.
(Authority: 20 U.S.C. 1415(f)(3)(E)-(F), 1415(h)(4), 1415(o), 1439)
§303.446 Finality of decision; appeal; impartial review.
(a) Finality of hearing decision. A decision made in
a hearing conducted pursuant to §§303.440 through 303.445
is final, except that any party involved in the hearing may appeal the decision under the provisions of paragraph (b)
of this section and §303.448.
(b) Appeal of decisions; impartial review. (1) The lead agency may provide for procedures to allow any party aggrieved by the findings and decision in the hearing to appeal to the lead agency.
(2) If there is an appeal, the lead agency must conduct an impartial review of the findings and decision appealed. The official conducting the review must--
(i) Examine the entire hearing record;