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.
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| Source Note: The provisions of this §350.229 adopted to be effective September 1, 2011, 36 TexReg 5387; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941 |
