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of States use, and will likely continue to use, the Part C

due process procedures in §§303.435 through 303.438 instead

of exercising the option to use the Part B due process procedures to resolve disputes under Part C of the Act. This is in part because the Part B due process procedures

in §§303.440 through 303.447 contain additional steps and

procedures. Finally, even in the approximately 25 percent of States that have adopted the Part B due process procedures, each State must update its State policies and

procedures to reflect the requirements in §§303.440 through

303.447 and subject its updated policies and procedures to

the public participation requirements in §303.208(b).

In FFY 2006, approximately 15 States reported exercising the option to adopt the Part B due process procedures while the remaining 41 States (which include the territories and outlying areas) reported adopting the Part C due process procedures. In some of the 15 States that reported using the Part B due process procedures, the lead agency is the SEA and administers both Parts B and C of the Act. In a few other States that reported adopting the Part B due process procedures, children receiving services under Part C of the Act are also entitled to receive, under State law, FAPE, and thus, these States must provide parents with procedural protections under both Parts B and C of the Act.