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Due process complaint (§303.441)

Comment: One commenter requested that the Department

clarify whether the 15 days referred to in §303.441(d)(1)

are calendar days or working days.

Discussion: The 15 days are calendar days. As defined in

§303.9, a day means calendar day, unless otherwise


Changes: None.

Comment: One commenter recommended amending §303.441(b) to

reflect the Part B provisions in 34 CFR 300.153(b)(4), which recognize that a homeless family may not have an address to list when filing a complaint.

Discussion: The commenter’s concern is addressed in

§303.441(b)(4), which requires, in the case of a homeless

child (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act), that the due process complaint include available contact information for the child and the name of the EIS provider serving the child.

Changes: None.

Comment: One commenter requested that §303.441(d) specify

that hearing officers must allow parties to amend their due process complaint notices unless doing so would prejudice the other party. The commenter stated that generally,