If, based on the evaluation conducted under § 303.321 , 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 , and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under § 303.430 , such as requesting a due process hearing or mediation or filing a State complaint.
34 C.F.R. §303.322
Authority: 20 U.S.C. 1439(a)(6)