Regulations last checked for updates: Jan 31, 2025

Title 34 - Education last revised: Jan 21, 2025
§ 303.322 - Determination that a child is not eligible.

If, based on the evaluation conducted under § 303.321, the lead agency determines that a child is not eligible under this part, the lead agency must provide the parent with prior written notice required in § 303.421, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under § 303.430, such as requesting a due process hearing or mediation or filing a State complaint.

(Authority: 20 U.S.C. 1439(a)(6))
authority: 20 U.S.C. 1431 through 1444, unless otherwise noted
source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.
cite as: 34 CFR 303.322