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For additional discussion see the "Section 106.45(b)(6)(ii) Elementary and Secondary School May Require Hearing and Must Have Opportunity to Submit Written Questions" subsection of the "Hearings"
subsection of the "Section 106.45 Recipient's Response to Formal Complaints"
section of this preamble. Moreover, if an ESE recipient chooses to use a
listening to model, that receiver does not then need to
comply with the provisions in § 106.45(b)(6)(i), which applies
only to postsecondary establishment recipients.
The Department's rationale for necessitating that postsecondary establishments provide an advisor to the functions for the intent of cross-evaluation at
the dwell listening to or permit a bash to have an advisor who conducts cross-examination at the
reside hearing is far more fully spelled out in the "Section 106.45(b)(6)(i) Postsecondary Institution Recipients Must Provide Live Hearing with Cross-Examination" subsection of the "Hearings" subsection of
the "Section 106.45 Recipient's Response to Formal Complaints" segment of this preamble. ”