---
kind: "section"
citation: "34 C.F.R. § 300.514"
title: "34"
number: "300.514"
heading: "Finality of decision; appeal; impartial review."
url: "https://uscodex.org/cfr/34/300.514"
---

# §300.514. Finality of decision; appeal; impartial review.

- (a) **Finality of hearing decision.** A decision made in a hearing conducted pursuant to [§§ 300.507 through 300.513](/cfr/34/300.507..300.513.md) or [§§ 300.530 through 300.534](/cfr/34/300.530..300.534.md) is final, except that any party involved in the hearing may appeal the decision under the provisions of [paragraph (b)](#b) of this section and [§ 300.516](/cfr/34/300.516.md).
- (b) **Appeal of decisions; impartial review.**
  - (1) If the hearing required by [§ 300.511](/cfr/34/300.511.md) is conducted by a public agency other than the SEA, any party aggrieved by the findings and decision in the hearing may appeal to the SEA.
  - (2) If there is an appeal, the SEA must conduct an impartial review of the findings and decision appealed. The official conducting the review must—
    - (i) Examine the entire hearing record;
    - (ii) Ensure that the procedures at the hearing were consistent with the requirements of due process;
    - (iii) **Seek additional evidence if necessary.** If a hearing is held to receive additional evidence, the rights in [§ 300.512](/cfr/34/300.512.md) apply;
    - (iv) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official;
    - (v) Make an independent decision on completion of the review; and
    - (vi) Give a copy of the written, or, at the option of the parents, electronic findings of fact and decisions to the parties.
- (c) **Findings and decision to advisory panel and general public.** The SEA, after deleting any personally identifiable information, must—
  - (1) Transmit the findings and decisions referred to in [paragraph (b)(2)(vi)](#b-2-vi) of this section to the State advisory panel established under [§ 300.167](/cfr/34/300.167.md); and
  - (2) **Make those findings and decisions available to the public.**
- (d) **Finality of review decision.** The decision made by the reviewing official is final unless a party brings a civil action under [§ 300.516](/cfr/34/300.516.md).

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.