§ 300.195 Decision.

Plain English summary

This section governs the decision-making process following a show cause hearing, requiring the designee to issue a written decision within 120 days of the hearing record closing and submit it to all parties. Parties then have 30 days to submit comments to the Secretary, who ultimately adopts, reverses, or modifies the decision and notifies all parties via certified mail.

Key requirements

• Within 120 days after the record of a show cause hearing is closed, the designee issues a written decision that includes a statement of findings.
• The designee submits a copy of the decision to the Secretary and sends a copy to each party by certified mail with return receipt requested.
• Each party may submit comments and recommendations on the designee's decision to the Secretary within 30 days of the date the party receives the designee's decision.
• The Secretary adopts, reverses, or modifies the designee's decision and notifies all parties to the show cause hearing of the Secretary's final action.
• The Secretary's notice of final action is sent by certified mail with return receipt requested.

Affected parties

• Secretary of Education
• Designated hearing officer (designee)
• Parties to the show cause hearing
• States (implicated by 20 U.S.C. 1412(f)(3) eligibility context)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.195