34 CFR § 303.411 - Opportunity for a hearing.
---
identifier: "/us/cfr/t34/s303.411"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 303.411 - Opportunity for a hearing."
title_number: 34
title_name: "Education"
section_number: "303.411"
section_name: "Opportunity for a hearing."
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"
---
# 303.411 Opportunity for a hearing.
The participating agency must, on request, provide parents with the opportunity for a hearing to challenge information in their child's early intervention records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or parents. A parent may request a due process hearing under the procedures in § 303.430(d)(1) provided that such hearing procedures meet the requirements of the hearing procedures in § 303.413 or may request a hearing directly under the State's procedures in § 303.413 (*i.e.,* procedures that are consistent with the FERPA hearing requirements in 34 CFR 99.22).
(Authority: 20 U.S.C. 1417(c), 1439(a)(2), 1439(a)(4), 1442)