34 CFR § 303.436 - Parental rights in due process hearing proceedings.

---
identifier: "/us/cfr/t34/s303.436"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 303.436 - Parental rights in due process hearing proceedings."
title_number: 34
title_name: "Education"
section_number: "303.436"
section_name: "Parental rights in due process hearing proceedings."
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"
---


# 303.436 Parental rights in due process hearing proceedings.

(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.

(Authority: 20 U.S.C. 1439(a))