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parents file few State complaints under Part C of the Act. States reported an average of fewer than two State complaints received by each lead agency in FFY 2006.

Second, under §303.433(a)(3), the lead agency must provide

the public agency or EIS provider an opportunity to respond to the complaint, thereby implicitly requiring the lead agency to inform the public agency or EIS provider of the relevant allegations in the complaint. Thus, we decline to regulate as requested by the commenter.

Changes: None.

Appointment of an impartial due process hearing officer


Comment: One commenter requested that §303.435 include the

relevant Part B requirements in 34 CFR 300.511(c), concerning the specific qualifications required for due process hearing officers.

Discussion: Section 303.435 addresses the qualifications for due process hearing officers in States that choose to adopt the Part C due process procedures under section 639 of the Act. These qualifications are substantively the same as those in 34 CFR 300.511(c) of the Part B

regulations and the qualifications in §303.443(c) for

States that choose to adopt the Part B due process procedures under section 615 of the Act. While the