34 C.F.R. § 303.436

Current through November 30, 2024
Section 303.436 - Parental rights in due process hearing proceedings
(a)General. Each lead agency must ensure that the parents of a child referred to part C are afforded the rights in paragraph (b) of this section in the due process hearing carried out under § 303.430(d) .
(b)Rights. Any parent involved in a due process hearing has the right to-
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for infants and 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 the parent at least five days before the hearing;
(4) Obtain a written or electronic verbatim transcription of the hearing at no cost to the parent; and
(5) Receive a written copy of the findings of fact and decisions at no cost to the parent.

34 C.F.R. §303.436

Authority: 20 U.S.C. 1439(a)