34 CFR § 303.231 - Notice and hearing before determining that a State is not eligible.

---
identifier: "/us/cfr/t34/s303.231"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 303.231 - Notice and hearing before determining that a State is not eligible."
title_number: 34
title_name: "Education"
section_number: "303.231"
section_name: "Notice and hearing before determining that a State is not eligible."
chapter_name: "OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION"
part_number: "303"
part_name: "EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1431 through 1444, unless otherwise noted."
regulatory_source: "76 FR 60244, Sept. 28, 2011, unless otherwise noted."
cfr_part: "303"
---


# 303.231 Notice and hearing before determining that a State is not eligible.

(a) *General.* (1) The Secretary does not make a final determination that a State is not eligible to receive a grant under part C of the Act until providing the State—

(i) Reasonable notice; and

(ii) An opportunity for a hearing.

(2) In implementing paragraph (a)(1)(i) of this section, the Secretary sends a written notice to the lead agency by certified mail with a return receipt requested.

(b) *Content of notice.* In the written notice described in paragraph (a)(2) of this section, the Secretary—

(1) States the basis on which the Secretary proposes to make a final determination that the State is not eligible;

(2) May describe possible options for resolving the issues;

(3) Advises the lead agency that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible; and

(4) Provides the lead agency with information about the hearing procedures that will be followed.

(Authority: 20 U.S.C. 1437(c))