Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 34 - Education |
Subtitle B - Regulations of the Offices of the Department of Education |
Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
Part 303 - Early Intervention Program for Infants and Toddlers With Disabilities |
Subpart E - Procedural Safeguards |
States That Choose to Adopt the Part B Due Process Hearing Procedures Under Section 615 of the Act |
§ 303.447 - Timelines and convenience of hearings and reviews.
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§ 303.447 Timelines and convenience of hearings and reviews.
(a) The lead agency must ensure that not later than either 30 days or 45 days (consistent with the lead agency's written policies and procedures adopted under § 303.440(c)) after the expiration of the 30-day period in § 303.442(b), or the adjusted 30-day time periods described in § 303.442(c)) -
(1) A final decision is reached in the hearing; and
(2) A copy of the decision is mailed to each of the parties.
(b) The lead agency must ensure that not later than 30 days after the receipt of a request for a review -
(1) A final decision is reached in the review; and
(2) A copy of the decision is mailed to each of the parties.
(c) A hearing or reviewing officer may grant specific extensions of time beyond the periods set out in paragraphs (a) and (b) of this section at the request of either party.
(d) Each hearing and each review involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and child involved.