---
kind: "section"
citation: "34 C.F.R. § 303.322"
title: "34"
number: "303.322"
heading: "Determination that a child is not eligible."
url: "https://uscodex.org/cfr/34/303.322"
---

# §303.322. Determination that a child is not eligible.


If, based on the evaluation conducted under [§ 303.321](/cfr/34/303.321.md), 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](/cfr/34/303.421.md), and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under [§ 303.430](/cfr/34/303.430.md), such as requesting a due process hearing or mediation or filing a State complaint.


## Notes

### Authority

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

### Source

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