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635(a)(10) and 637(a)(1) of the Act. Therefore, the lead agency retains the responsibility for full implementation of the requirements of this part, including the ultimate responsibility for the implementation of State dispute resolution decisions even if the services are being carried out by a third party under contract with the lead agency.

Changes: None.

Comment: None.

Discussion: To be consistent within §303.433, we have

added the term “public agency” to §303.433(b)(1)(ii) and


Changes: We have added the term “public agency” to

§303.433(b)(1)(ii) and (c)(3).

Filing a complaint (§303.434)

Comment: Several commenters supported the requirement in

§303.434(c) that a State complaint must allege a violation

that occurred not more than one year prior to the date that the complaint is received. However, one commenter recommended retaining the requirement in current

§303.511(b)(1) providing that the one-year timeline for

filing a State complaint may be extended if the allegation that forms the basis of the complaint is continuing or recurring.

Discussion: A one-year timeline is reasonable and will