34 CFR § 303.322 - Determination that a child is not eligible.
---
identifier: "/us/cfr/t34/s303.322"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 303.322 - Determination that a child is not eligible."
title_number: 34
title_name: "Education"
section_number: "303.322"
section_name: "Determination that a child 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: "2026-04-05"
last_updated: "2026-04-05"
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"
---
# 303.322 Determination that a child is not eligible.
If, based on the evaluation conducted under § 303.321, the lead agency determines that a child is not eligible under this part, the lead agency must provide the parent with prior written notice required in § 303.421, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under § 303.430, such as requesting a due process hearing or mediation or filing a State complaint.
(Authority: 20 U.S.C. 1439(a)(6))