---
kind: "section"
citation: "34 C.F.R. § 303.436"
title: "34"
number: "303.436"
heading: "Parental rights in due process hearing proceedings."
url: "https://uscodex.org/cfr/34/303.436"
---

# §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)](#b) of this section in the due process hearing carried out under [§ 303.430(d)](/cfr/34/303.430.md?p=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.**

## Notes

### Authority

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

### Source

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