§ 300.181 Hearing procedures.

Plain English summary

This section establishes the procedural framework for hearings related to proposed disapproval of a State's eligibility under IDEA. It defines who qualifies as a 'party,' sets a 15-day deadline for the Secretary to designate a Hearing Official or Panel, and outlines the broad powers of the Hearing Official or Panel to manage proceedings, evidence, witnesses, and scheduling in a fair and impartial manner.

Key requirements

• Within 15 days after receiving a request for a hearing, the Secretary designates a Hearing Official or Hearing Panel and notifies the parties.
• The Hearing Official or Hearing Panel takes all steps necessary to conduct a fair and impartial proceeding, to avoid delay, and to maintain order.
• The parties must present their positions through briefs and the submission of other documents and may request an oral argument or evidentiary hearing.
• The Hearing Official or Hearing Panel shall determine whether an oral argument or an evidentiary hearing is needed to clarify the positions of the parties.
• The Hearing Official or Hearing Panel gives each party an opportunity to be represented by counsel.
• If the Hearing Official or Hearing Panel determines that an evidentiary hearing would materially assist the resolution of the matter, each party is given an opportunity to present witnesses and to cross-examine witnesses either orally or with written questions.
• The Hearing Official or Hearing Panel accepts any evidence that it finds is relevant and material to the proceedings and is not unduly repetitious.
• The Hearing Official or Hearing Panel arranges for the preparation of a transcript of each hearing, retains the original transcript as part of the record, and provides one copy to each party.
• Each party must file with the Hearing Official or Hearing Panel all written motions, briefs, and other documents and must at the same time provide a copy to the other parties.
• The Hearing Official or Hearing Panel may interpret applicable statutes and regulations but may not waive them or rule on their validity.

Affected parties

• State Educational Agencies (SEAs)
• Department official administering the program of financial assistance
• Hearing Official or Hearing Panel
• Intervening persons, groups, or agencies granted leave to intervene
• The Secretary of Education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.181