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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

of §303.431(a).

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)

Comment: None.

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