34 CFR §303.436
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)General. Each lead agency must ensure that the parents of a child referred to part C are afforded the rights in paragraph (b) of this section in the due process hearing carried out under § 303.430(d).
- (b)Rights. Any parent involved in a due process hearing has the right to—
- (1)Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for infants and toddlers with disabilities;
- (2)Present evidence and confront, cross-examine, and compel the attendance of witnesses;
- (3)Prohibit the introduction of any evidence at the hearing that has not been disclosed to the parent at least five days before the hearing;
- (4)Obtain a written or electronic verbatim transcription of the hearing at no cost to the parent; and
- (5)Receive a written copy of the findings of fact and decisions at no cost to the parent.