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.

● Adjustments to 30-day resolution period

303.442(c)

● Agreement review period (w/in three

business days of executing a settlement

agreement)........................... 303.442(e)

● Civil action (90 days from date of

decision)............................. 303.448(b)

● Hearing decision (30 or 45 days after

expiration of 30-day period or adjustments to that period in

§303.442(b) or (c))................... 303.447(a)

● Hearing rights:

o Additional disclosure (At least five

business days before hearing). . . . . . 303.444(b)

o Prohibit new evidence (Not disclosed

at least five business days before

hearing)............................ 303.444(a)(3)

● Lead agency response to complaint

(within ten days of receiving complaint) 303.441(e)

● Other party response (within ten days of

receiving complaint).................. 303.441(f)

TIMELINES-DUE PROCESS (PART B) (RE)

● Resolution meeting (w/in 15 days).....

303.442(a)

○ If no meeting in 15 days, parent may

seek intervention--hearing officer. . 303.442(b)(5)

• Resolution period:

○ If lead agency not resolved complaint

w/in 30 days, hearing may occur. . . . . 303.442(b)(1)

○ If no parent participation in 30 days,

complaint may be dismissed.......... 303.442(b)(4)

● Review decision (30 days after request

for review)........................... 303.447(b)

TIMELINES-DUE PROCESS (PART B) (S-Z)

● Sufficiency of complaint:

○ Amended complaint (Hearing officer

permits--Not later than five days

before hearing) ................... 303.441(d)(3)(ii)

○ Complaint sufficient--unless party

notifies hearing officer w/in 15 days 303.441(d)(1)

○ Hearing officer determination (within

five days of notice)............... 303.441(d)(2)

● Timelines-convenience of hearings and

reviews and exceptions to timelines .. 303.447(a)-(c)

● Timeline for requesting a hearing (two 303.443(e)