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.
Comment: One commenter expressed concern that §303.440(c)
allows States to choose either a 30- or 45-day timeline to resolve a due process complaint. The commenter stated that 30 days is sufficient and should be mandated, particularly given the short amount of time that infants and toddlers are eligible for Part C services.
Discussion: The option in §303.440(c) that allows lead
agencies to adopt either a 30- or 45-day timeline to resolve a due process complaint is specific to States that choose to adopt Part B due process procedures under section 615 of the Act. The Part B regulations in 34 CFR 300.515(a) provide for a 45-day timeline for the due process hearing. Section 303.440(c) incorporates the 45- day timeline under the Part B procedures, but also allows States that choose to adopt the Part B procedures, to elect the shorter 30-day timeline provided under the Part C due process procedures. This gives States that choose to adopt the Part B due process procedures the flexibility to put in place a timeline shorter than that required under the Part B due process procedures. Therefore, we do not believe it is appropriate to revise the regulation as requested by the commenter.