C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES › Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans

34 C.F.R. § 303.322

Determination that a child is not eligible

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If, based on the evaluation conducted under § 303.321, the lead agency determines that a child is not eligible under this part, the lead agency must provide the parent with prior written notice required in § 303.421, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under § 303.430, such as requesting a due process hearing or mediation or filing a State complaint.

(Authority: 20 U.S.C. 1439(a)(6))
Notes of Decisions
Cited in 1 case, 2001–2001 · leading case: De Mora v. Dep't of Pub. Welfare, 768 A.2d 904 (Pa. Commw. Ct. 2001).
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De Mora v. Dep't of Pub. Welfare, 768 A.2d 904 (Pa. Commw. Ct. 2001). “34 C.F.R. § 303.322 (b)(2). A review of progress made pursuant to an IFSP must be conducted every six months, or more frequently when conditions warrant or when a family requests it.”
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