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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 different from the matters covered by the due process hearing, even though the facts may be related to the subject of, or another issue in, a due process proceeding,

because §303.433(c) also provides that any issue in the

State complaint that is not a part of the due process hearing must be resolved through the State complaint procedures.

Changes: None.

Comment: One commenter recommended that we not adopt

§303.433(c)(3), which requires that the lead agency resolve

a complaint alleging that a lead agency or EIS provider failed to implement a due process hearing. The commenter

stated that this requirement could limit a lead agency’s

ability to contract with a third party for State dispute resolution services because third party contractors are often given the authority to enforce due process hearing

decisions.

Discussion: Nothing in the Act prohibits the lead agency from contracting with a third party for State dispute

resolution services and §303.433(c)(3) would not interfere

with a lead agency’s ability to enter into such contracts.

We note, however, in accepting funds under this part, the lead agency is responsible for the administration of Part C in the State and the use of Part C funds under sections