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State dispute resolution options (§303.430)

Comment: One commenter requested that we retain Note 2

from current §303.420, concerning the importance of

establishing State administrative procedures that result in

speedy resolution of complaints because an infant’s or

toddler’s development is so rapid that undue delay could be

potentially harmful.

Discussion: We agree with the commenter that Note 2,

following current §303.420, is important and have included

the substance of that note in the timelines in these regulations. For States that choose to adopt Part C due

process procedures, §303.437(b) requires each lead agency

to ensure that, not later than 30 days after the receipt of

a parent’s due process complaint, the due process hearing

is completed and a written decision is mailed to each of the parties. For States that choose to adopt Part B due

process procedures, §303.440(c) requires the lead agency to

adopt either a 30- or 45-day timeline, subject to

§303.447(a), for the resolution of due process complaints.

Additionally, the requirements for State complaint

procedures in §303.433(a), provide that, within 60 days

after a complaint is filed, the lead agency must resolve the complaint. Therefore, it is not necessary to retain in