IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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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.
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