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(3) A party may amend its due process complaint only if--

(i) The other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a meeting held pursuant to

§303.442; or

(ii) The hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five days before the due process hearing begins.

(4) If a party files an amended due process complaint, the timelines for the resolution meeting in

§303.442(a) and the time period to resolve in §303.442(b)

begin again with the filing of the amended due process complaint.

(e) Lead agency response to a due process complaint. (1) If the lead agency has not sent a prior written notice

under §303.421 to the parent regarding the subject matter

contained in the parent’s due process complaint, the lead

agency or EIS provider must, within 10 days of receiving the due process complaint, send to the parent a response that includes--

(i) An explanation of why the lead agency or EIS provider proposed or refused to take the action raised in