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.
on any parent’s response. The availability of both the
lead agency’s option to request dismissal and the impartial
hearing officer’s determination ensures that dismissal of a
due process complaint is based on case-specific circumstances.
Comment: One commenter recommended that §303.442(b) be
amended to require the lead agency to present the requirements in this section to a parent verbally or in the
parent’s primary mode of communication, in order to ensure
that a parent understands these requirements.
Discussion: Section 303.421(b)(3), regarding the content of the prior written notice and procedural safeguards notice, provides that the notice must be in sufficient detail to inform the parents about, among other things, how to file a due process complaint in the due process
procedures the State has adopted pursuant to §303.430(d),
and any timelines under those procedures. Further,
§303.421(c)(1)(ii) requires that the notice be provided in
the native language, as defined in §303.25, of the parent
or other mode of communication used by the parent, unless it is clearly not feasible to do so. Thus, the regulations
already address the commenter’s concern regarding providing
the notice in a parent’s primary mode of communication and