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.
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.