34 CFR 303.322 : Education (Parts 1-2 To Parts 1201-1299) — (§ 300.1 To Parts 397-399) — Regulations Of The Offices Of The Department Of Education (Continued) (§ 300.1 To Parts 397-399) — Office Of Special Education And Rehabilitative Services, Department Of Education (§ 300.1 To Parts 397-399) — Early Intervention Program For Infants And Toddlers With Disabilities (§ 303.1 To Appendix A To Part 303) — Child Find, Evaluations And Assessments, And Individualized Family Service Plans (§ 303.300 To § 303.346) — Post-Referral Procedures - Screenings, Evaluations, And Assessments (§ 303.310 To § 303.322) — Determination that a child is not eligible.

4 Aug 2016

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))

34 CFR 303.322