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.
assist lead agencies in ensuring the effective implementation of State complaint procedures and State Part C programs. Limiting a State complaint to an allegation of a violation that occurred not more than one year prior to the date the lead agency receives the complaint will ensure
that problems regarding a State’s Part C program are raised
and addressed promptly. For these reasons, we decline to
revise §303.434(c) as requested by the commenter.
Comment: Several commenters expressed concern that
§303.434(d), which requires the party filing the complaint
to forward a copy of the complaint to the public agency or EIS provider, breaches parent confidentiality, may deter parents from filing complaints and, at a minimum, creates an additional barrier to filing a State complaint. One
commenter recommended that §303.434 specify the action that
would be taken if a complainant sends its State complaint only to the lead agency.
Discussion: Section 303.434(d) provides that the party filing the State complaint must forward a copy of the complaint to the public agency or EIS provider serving the child at the same time the party files the complaint with the lead agency. Requiring the complaint to be forwarded to the public agency or EIS provider serving the child at