---
kind: "section"
citation: "34 C.F.R. § 303.231"
title: "34"
number: "303.231"
heading: "Notice and hearing before determining that a State is not eligible."
url: "https://uscodex.org/cfr/34/303.231"
---

# §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)](#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)](#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.

## Notes

### Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

### Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.