---
kind: "section"
citation: "34 C.F.R. § 99.22"
title: "34"
number: "99.22"
heading: "What minimum requirements exist for the conduct of a hearing?"
url: "https://uscodex.org/cfr/34/99.22"
---

# §99.22. What minimum requirements exist for the conduct of a hearing?


The hearing required by [§ 99.21](/cfr/34/99.21.md) must meet, at a minimum, the following requirements:

- (a) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student.
- (b) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing.
- (c) The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing.
- (d) The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under [§ 99.21](/cfr/34/99.21.md). The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.
- (e) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing.
- (f) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.

## Notes

### Authority

Authority: 20 U.S.C. 1232g, unless otherwise noted.

### Source

Source: 53 FR 11943, Apr. 11, 1988, unless otherwise noted.