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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.

adopted the Part C due process hearing procedures that are

referenced in §303.430(d)(1), provided that such procedures

meet the requirements of the hearing procedures in §303.413

that comply with the FERPA regulations in 34 CFR 99.22. Thus, as suggested by the commenter, the procedural options available to parents would be consistent with 34 CFR 300.619 of the Part B regulations. We believe permitting this option to parents provides parents with the benefits

of the 30-day timeline if the State has adopted Part C due

process hearings under §303.430(d) without imposing an

additional burden on States that already have such procedures in place.

Changes: We have added to §303.411 a reference to §303.413

and a parenthetical regarding the hearing requirements under the FERPA regulations in 34 CFR 99.22.

Consent prior to disclosure or use (§303.414)

Comment: A few commenters recommended retaining as much of

current §303.460, regarding confidentiality of information,

as is consistent with the Act.

Discussion: Current §303.460 references the

confidentiality provisions in the Part B regulations that were in effect prior to the publication of the amended Part B regulations published in August 14, 2006; the Note

following current §303.460 indicates that because the Part