IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
is the subject of the complaint” to follow the phrase “the
infant or toddler with a disability.”
Comment: A few commenters requested that §303.432
explicitly state that monetary reimbursement and compensatory education are potential remedies for State complaints.
Discussion: The lead agency is responsible for ensuring that all public agencies within its jurisdiction meet the requirements of the Act and its implementing regulations.
In light of the lead agency’s general supervisory authority
under sections 634 and 635 of the Act, the lead agency should have the flexibility to determine the appropriate remedies or corrective actions necessary to resolve a complaint in which it has determined that a public agency has failed to provide appropriate services to an infant or toddler with a disability, including the award of compensatory services or monetary reimbursement. To make
this clear, we have changed §303.432(b)(1) to include
compensatory services and monetary reimbursement as examples of corrective actions that may be appropriate to address the needs of an infant or toddler with a disability
who is the subject of a complaint and the infant’s or
Changes: We have added in §303.432(b)(1) the parenthetical