34 C.F.R. § 303.231

Current through May 31, 2024
Section 303.231 - Notice and hearing before determining that a State is not eligible
(a)General.
(1) The Secretary does not make a final determination that a State is not eligible to receive a grant under part C of the Act until providing the State-
(i) Reasonable notice; and
(ii) An opportunity for a hearing.
(2) In implementing paragraph (a)(1)(i) of this section, the Secretary sends a written notice to the lead agency by certified mail with a return receipt requested.
(b)Content of notice. In the written notice described in paragraph (a)(2) of this section, the Secretary-
(1) States the basis on which the Secretary proposes to make a final determination that the State is not eligible;
(2) May describe possible options for resolving the issues;
(3) Advises the lead agency that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible; and
(4) Provides the lead agency with information about the hearing procedures that will be followed.

34 C.F.R. §303.231

Authority: 20 U.S.C. 1437(c)