IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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§303.445(a) be amended to reflect the standard that a
hearing officer must use to make decisions--which is whether the infant or toddler with a disability and his or her family were provided appropriate early intervention services.
Discussion: Section 303.445(a) incorporates section 615(f) (3)(E) of the Act, which provides the substantive and procedural grounds upon which the decision of a due process hearing officer may be based; these substantive and procedural grounds are broader than the standard suggested by the commenter. Therefore, we decline to amend the heading of this paragraph.
Discussion: In order to make §303.446(b) consistent with
§303.443(b), which requires the lead agency to conduct the
due process hearing, and section 635(a)(10) of the Act, which requires the lead agency to have a single line of
responsibility, we have removed in §303.446(b) the
authority for a public agency (other than the lead agency) to conduct due process hearings when a State adopts under
§303.430(d) the Part B due process procedures. However, we
have retained the authority for the lead agency to establish procedures that would allow any party aggrieved