IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
• New §303.422(g), concerning lead agency responsibility
concerning surrogate parents, adds a 30-day timeline
requirement regarding the lead agency’s obligation to
make reasonable efforts to ensure the assignment of a surrogate parent after a public agency determines that the child needs a surrogate parent.
Dispute Resolution Options
• New §303.437(c) permits the due process hearing
officer, in a State that elects to adopt the Part C
due process hearing procedures under §303.430(d)(1),
to grant specific extensions of time beyond the 30-day timeline at the request of either party.
• Section 303.446 is revised to permit, but not require,
the lead agency to establish procedures that would allow any party aggrieved by the findings and decision in the due process hearing to appeal to, or request reconsideration of the decision by, the lead agency.
Subpart F--Use of Funds and Payor of Last Resort
• Section 303.520(a) establishes three new requirements
that are designed to provide important protections for parents of infants and toddlers with disabilities balanced against the need for States to have access to public benefits and public insurance to finance Part C services while implementing the system of payments,