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the child, including facts relating to the problem; and

(iv) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

(c) The complaint must allege a violation that occurred not more than one year prior to the date that the

complaint is received in accordance with §303.432.

(d) The party filing the complaint must forward a copy of the complaint to the public agency or EIS provider serving the child at the same time the party files the complaint with the lead agency.

(Approved by Office of Management and Budget under control number 1820-NEW)

(Authority: 20 U.S.C. 1439(a)(1))

States that Choose to Adopt the Part C Due Process Hearing Procedures under Section 639 of the Act

§303.435 Appointment of an impartial due process hearing

officer.

(a) Qualifications and duties. Whenever a due

process complaint is received under §303.430(d), a due

process hearing officer must be appointed to implement the complaint resolution process in this subpart. The person must--

(1) Have knowledge about the provisions of this part