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.
Discussion: Section 303.441(f) incorporates the requirements in section 615(c)(2)(B)(ii) of the Act, which provides that the receiving party must provide the party that filed the complaint a response to the complaint within 10 days of receiving the complaint. We do not have the authority to extend this time period.
Resolution process (§303.442)
Comment: One commenter requested that the Department
revise the paragraph heading of §303.442(a), “Resolution
meeting” to read “Meeting to obtain facts and details.”
Discussion: Section 303.442(a)(2) states that the purpose of the resolution meeting is for the parent of the child to discuss the due process complaint and the facts that form the basis of the due process complaint, so that the lead agency has the opportunity to resolve the dispute.
“Resolution meeting” is thus, the appropriate paragraph
heading for §303.442(a).
Comment: A few commenters stated that there is no statutory basis for the 30-day resolution timeline in
§303.442 and that the timeline is too long for a time-
sensitive program like Part C of the Act.
Discussion: Section 303.442, regarding the resolution