§ 300.155 Hearings relating to LEA eligibility.

Plain English summary

Before an SEA can make a final determination that an LEA is ineligible for assistance under IDEA Part B, it must first provide the LEA with reasonable notice and an opportunity for a hearing. This procedural protection ensures LEAs have due process rights before losing federal education funding eligibility. The requirement is grounded in 20 U.S.C. 1412(a)(13).

Key requirements

• The SEA must not make any final determination that an LEA is not eligible for assistance under Part B of the Act without first giving the LEA reasonable notice and an opportunity for a hearing under 34 CFR 76.401(d).

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.155