Hearing procedure for families and local educational agencies.

CFR · 2024-01-01 · US · Title 7

(a) Each local educational agency of a school participating in the National School Lunch Program, School Breakfast Program or the Special Milk Program or of a commodity only school shall establish a hearing procedure under which: (1) A family can appeal from a decision made by the local educational agency with respect to an application the family has made for free or reduced price meals or for free milk, and (2) The local educational agency can challenge the continued eligibility of any child for a free or reduced price meal or for free milk. The hearing procedure shall provide for both the family and the local educational agency: (i) A simple, publicly announced method to make an oral or written request for a hearing; (ii) An opportunity to be assisted or represented by an attorney or other person; (iii) An opportunity to examine, prior to and during the hearing, any documents and records presented to support the decision under appeal; (iv) That the hearing shall be held with reasonable promptness and convenience, and that adequate notice shall be given as to the time and place of the hearing; (v) An opportunity to present oral or documentary evidence and arguments supporting a position without undue interference; (vi) An opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witnesses; (vii) That the hearing shall be conducted and the decision made by a hearing official who did not participate in making the decision u

official document · source cfr-2024 · id 7:§ 245.7