IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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any time to resolve any matter arising under this part, regardless of whether a due process complaint or a State
complaint is filed. We have amended §303.431 to expressly
provide that mediation may be used “at any time.”
Changes: We have added the phrase “at any time” to the end
Comment: One commenter requested that the phrase “parent’s
right to a due process hearing” in current §303.419(b)(1)
(ii) be maintained in §303.431(b)(1)(ii).
Discussion: We agree with the commenter; the language
“parent’s right to a due process hearing” aligns with
section 615(e)(2)(A)(ii) of the Act and should be used in these regulations.
Changes: We have replaced the phrase “hearing on the
parent’s due process complaint” with the phrase “due
process hearing” in §303.431(b)(1)(ii).
Adoption of State complaint procedures (§303.432)
Discussion: We have moved in §303.432(b)(1) the modifying
phrase “who is the subject of the complaint” to follow the
phrase “the infant or toddler with a disability” to clarify
that it is the infant or toddler with the disability who is the subject of the complaint.
Changes: We have moved in §303.432(b)(1) the phrase “who