[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR99.22]



[Page 323]

 

                           TITLE 34--EDUCATION

 

PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents

 

    Subpart C_What Are the Procedures for Amending Education Records?

 

Sec.  99.22  What minimum requirements exist for the conduct of a hearing?



    The hearing required by Sec.  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 Sec.  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))