---
kind: "section"
citation: "34 C.F.R. § 303.446"
title: "34"
number: "303.446"
heading: "Finality of decision; appeal; impartial review."
url: "https://uscodex.org/cfr/34/303.446"
---

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

- (a) **Finality of hearing decision.** A decision made in a hearing conducted pursuant to [§§ 303.440 through 303.445](/cfr/34/303.440..303.445.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 [§ 303.448](/cfr/34/303.448.md).
- (b) **Appeal of decisions; impartial review.**
  - (1) The lead agency may provide for procedures to allow any party aggrieved by the findings and decision in the hearing to appeal to the lead agency.
  - (2) If there is an appeal, the lead agency 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 [§ 303.444](/cfr/34/303.444.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 of fact and decision to the general public.** The lead agency, after deleting any personally identifiable information, must make the findings of fact and decisions described in [paragraph (b)(2)(vi)](#b-2-vi) of this section available to the general public.
- (d) **Finality of review decision.** The decision made by the reviewing official is final unless a party brings a civil action under [§ 303.448](/cfr/34/303.448.md).

## Notes

### Authority

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

### Source

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