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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.

provisions distinguishing between substantive and

procedural violations of Part C of the Act in §303.445,

stating that it is not appropriate to make this distinction in the Part C regulations. According to the commenter, this regulation violates section 607(a) of the Act.

Discussion: Section 303.445 applies to States that choose to adopt the Part B due process procedures under section 615 of the Act. Thus, it is appropriate to include

language in §303.445 that is parallel to 34 CFR 300.513,

which reflects section 615(f)(3)(E) of the Act concerning the nature of hearing officer decisions, including the requirement that decisions be based on substantive grounds, and to include the standards under which a hearing officer may find that a child was denied appropriate identification, evaluation, placement, or provision of early intervention services based on procedural inadequacies. Section 303.445(a) is based on the requirements specified in section 615(f)(3)(E) of the Act and thus, is consistent with section 607(a) of the Act, which requires the Secretary to issue regulations that are necessary to ensure that there is compliance with the specific requirements of the Act.

Changes: None.

Comment: One commenter recommended that the heading of