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.
(i) Meet the requirements in §§303.435 through
(ii) Provide a means of filing a due process
complaint regarding any matter listed in §303.421(a); or
(2) The Part B due process hearing procedures under
section 615 of the Act and §§303.440 through 303.449 (with
either a 30-day or 45-day timeline for resolving due
process complaints, as provided in §303.440(c)).
(e) Status of a child during the pendency of a due process complaint. (1) During the pendency of any proceeding involving a due process complaint under paragraph (d) of this section, unless the lead agency and parents of an infant or toddler with a disability otherwise agree, the child must continue to receive the appropriate early intervention services in the setting identified in the IFSP that is consented to by the parents.
(2) If the due process complaint under paragraph (d) of this section involves an application for initial services under Part C of the Act, the child must receive those services that are not in dispute.
(Approved by Office of Management and Budget under control number 1820-0678 and 1820-NEW)
(Authority: 20 U.S.C. 1415(e), 1415(f)(1)(A), 1415(f)(3)