§ 300.514 Finality of decision; appeal; impartial review.

Plain English summary

This section establishes the finality of hearing decisions under IDEA due process proceedings and sets out the appeal process to the SEA when a hearing is conducted by a public agency other than the SEA. The SEA must conduct an impartial review that includes examining the full record, ensuring due process compliance, potentially gathering additional evidence, and issuing an independent written decision. The SEA's review decision is final unless a party pursues civil action under § 300.516.

Key requirements

• A decision made in a hearing conducted pursuant to §§ 300.507 through 300.513 or §§ 300.530 through 300.534 is final, except that any party involved in the hearing may appeal the decision.
• If the hearing required by § 300.511 is conducted by a public agency other than the SEA, any party aggrieved by the findings and decision in the hearing may appeal to the SEA.
• If there is an appeal, the SEA must conduct an impartial review of the findings and decision appealed.
• The official conducting the review must examine the entire hearing record.
• The official conducting the review must ensure that the procedures at the hearing were consistent with the requirements of due process.
• The official conducting the review must seek additional evidence if necessary; if a hearing is held to receive additional evidence, the rights in § 300.512 apply.
• The official conducting the review must afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official.
• The official conducting the review must make an independent decision on completion of the review.
• The official conducting the review must give a copy of the written, or, at the option of the parents, electronic findings of fact and decisions to the parties.
• The SEA, after deleting any personally identifiable information, must transmit the findings and decisions to the State advisory panel established under § 300.167.
• The SEA must make those findings and decisions available to the public.
• The decision made by the reviewing official is final unless a party brings a civil action under § 300.516.

Affected parties

• parents
• students with disabilities
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• hearing officers
• SEA reviewing officials
• State advisory panels

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.514