- (a) Whenever a due process complaint is received under 34 C.F.R. § 300.507 or § 300.532, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing.
(b)
- (1) Pursuant to the information contained in the hearing request and obtained from the parties at a prehearing conference and from prehearing briefs, the hearing officer may narrow the scope of the hearing at the outset of the hearing.
- (2) If it is determined by the hearing officer that there are no issues that may be addressed through an impartial due process hearing pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., the hearing officer shall dismiss the hearing.