(b) Appeal of decisions; impartial review.

1. (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. (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—

   1. (i) Examine the entire hearing record;
   2. (ii) Ensure that the procedures at the hearing were consistent with the requirements of due process;
   3. (iii) Seek additional evidence if necessary. If a hearing is held to receive additional evidence, the rights in § 303.444 apply;
   4. (iv) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official;
   5. (v) Make an independent decision on completion of the review; and
   6. (vi) Give a copy of the written or, at the option of the parents, electronic findings of fact and decisions to the parties.

(d) Finality of review decision. The decision made by the reviewing official is final unless a party brings a civil action under § 303.448.

(Authority: 20 U.S.C. 1415(g), 1415(h)(4), 1415(i)(1)(A), 1415(i)(2), 1439)