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due to exceptional circumstances, such as a governmentwide shutdown, if the lead agency needs additional information

under §303.433(a)(2) or (a)(3) and the relevant party is

unavailable due to hospitalization, or if a parent complainant is unavailable due to illness and cannot

provide the additional information under §303.433(a)(2).

Thus, we decline to add the provision suggested by the commenter.

Changes: None.

Comment: One commenter stated that setting aside any part

of a State complaint as provided in §303.433(c) may not be

possible because the information that was set aside may be needed to complete the fact finding in that complaint.

Discussion: Section 303.433(c) provides that if a State complaint is received that is also the subject of a due

process hearing under §303.430(d), or contains multiple

issues of which one or more are part of a due process hearing, the State must set aside any part of the complaint that is being addressed in the due process hearing until

the conclusion of that hearing. Although §303.433(c)

requires that matters raised in both a State complaint and a due process hearing be resolved only through the due process hearing procedures, that does not preclude fact finding in relation to an issue in a State complaint that