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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.

procedures. The regulations clearly specify which due process procedures apply when the lead agency has made its

choice under §303.430(d).

Changes: None.

Comment: One commenter suggested that the regulations should encourage States to be innovative and create a due process hearing system that is specifically designed for Part C of the Act, rather than adopt the Part B due process hearing procedures. Another commenter suggested that allowing lead agencies to adopt the Part B due process hearing procedures may not be consistent with the Act.

Discussion: We believe that providing States the option of adopting the Part B due process procedures in lieu of using the Part C due process hearing procedures is consistent with the Act. States were provided this option under the original Part C regulations promulgated in 1989 to implement the Education of the Handicapped Act amendments of 1986 (Pub. L. 99-457), which established the early intervention program for infants and toddlers with disabilities.

We have maintained this option in these regulations because there are advantages and disadvantages for particular States to use the due process procedures under Part C as opposed to Part B of the Act. The vast majority