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Code · CFR · Title 34 — Education · Part 303 · § 303.436

§ 303.436. Parental rights in due process hearing proceedings.

155 words·~1 min read·/us/cfr/t34/s§ 303.436·

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(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. (Authority: 20 U.S.C. 1439(a))
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§ 303.436
Parental rights in due process hearing proceedings.
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