34 C.F.R. § 99.22

What minimum requirements exist for the conduct of a hearing?

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The hearing required by § 99.21 must meet, at a minimum, the following requirements:

(a) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student.

(b) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing.

(c) The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing.

(d) The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under § 99.21. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

(e) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing.

(f) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.

(Authority: 20 U.S.C. 1232g(a)(2))

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1996–2021 · leading case: Owasso Indep. Sch. Dist. No. I-011 v. Falvo Ex Rel. Pletan, 534 U.S. 426 (2002).

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Owasso Indep. Sch. Dist. No. I-011 v. Falvo Ex Rel. Pletan, 534 U.S. 426 (2002). · cites it 2× “34 CFR § 99.22 (2001). It is doubtful Congress would have provided parents with this elaborate procedural machinery to challenge the accuracy of the grade on every spelling test and art project the child completes.”

Lewin v. Med. Coll. of Hampton Roads, 910 F. Supp. 1161 (E.D. Va. 1996). · cites it 4× “1994), and 34 C.F.R. § 99.22 (1994). 1 FERPA provides in relevant part: No funds shall be made available under any applicable program to any educational agency or institution unless .”

J.D.G. & Tiby S. Gomez v. Colonial Sch. Dist., 748 F. Supp. 2d 362 (D. Del. 2010). “§ 1414 , 34 C.F.R. §§ 99.22 (d) and 300.509, and refers to Title 34 of the Code of Federal Regulations and Title 20 of the United Stated Code.”

Moghadam v. Regents of the Univ. of California, 169 Cal. App. 4th 466 (Cal. Ct. App. 2008). “) Finally, the court noted that FERPA requires educational institutions that receive federal funds to provide parents with a hearing at which they may contest the accuracy of their child’s education records. (20 U.S.C. § 1232g(a)(2).”

Lewin v. Med. Coll. of Hampton Roads, 931 F. Supp. 443 (E.D. Va. 1996). “34 C.F.R. § 99.22 (1995). The statute itself creates no private right of action; however, several courts have held that an action under 42 U.”

D.o., Individually, & on Behalf of M.o., Etc. Vs. Jackson Twp. Bd. of Educ. (l-1738-16, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). · cites it 2× “619 states that parents may request a hearing, but only "to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.”

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