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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER BPROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
RULE §108.229Minimum Requirements for Conducting a Hearing

The hearing must meet at a minimum the following FERPA requirements.

  (1) The contractor must hold the hearing within 30 days after it has received the request for the hearing from the parent.

  (2) The contractor must give the parent notice of the date, time, and place, reasonably in advance of the hearing.

  (3) The hearing may be conducted by any individual including an official of the contractor, who does not have a direct interest in the outcome of the hearing.

  (4) The contractor must give the parent a full and fair opportunity to present evidence relevant to the issues under FERPA, including, but not limited to, FERPA regulations at 34 CFR §99.21. The parent may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

  (5) The contractor must make its decision in writing within 30 days.

  (6) 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.


Source Note: The provisions of this §108.229 adopted to be effective September 1, 2011, 36 TexReg 5387

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