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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.

Discussion: We agree with commenters who noted that the

requirement in proposed §303.430(e)(3) applies only to

those States that elect to offer services under §303.211

and is not a pendency provision and, thus, we have moved

the substance of proposed §303.430(e)(3) to §303.211(b)(4).

These comments and the resulting changes are fully

addressed in the Analysis of Comments and Changes for

§303.211(b)(4) in subpart C of this part.

Changes: We have moved the substance in §303.430(e)(3) to

§303.211(b)(4).

Mediation (§303.431)

Comment: One commenter requested that the Department

clarify the phrase “including matters arising prior to the

filing of a due process complaint” as used in §303.431(a)

to make clear when mediation may be used by parties.

Discussion: We agree that §303.431(a) needs clarification

regarding when mediation is available. Section 303.431 incorporates sections 639(a)(8) and 615(e)(1) of the Act, and requires lead agencies to ensure that procedures are established and implemented to allow parties to resolve disputes involving any matter under Part C of the Act through a mediation process, including matters arising prior to the filing of a due process complaint. Thus,

under §303.431 parties to disputes may request mediation at