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hearing officer may find that a child was not appropriately identified, evaluated, placed, or provided early intervention services under Part C of the Act only if the procedural inadequacies--

(i) Impeded the child’s right to identification,

evaluation, and placement or provision of early

intervention services for the child and that child’s family

under Part C of the Act;

(ii) Significantly impeded the parent’s opportunity

to participate in the decision-making process regarding identification, evaluation, placement or provision of early

intervention services for the child and that child’s family

under Part C of the Act; or

(iii) Caused a deprivation of educational or developmental benefit.

(3) Nothing in paragraph (a) of this section precludes a hearing officer from ordering the lead agency or EIS provider to comply with procedural requirements

under §§303.400 through 303.449.

(b) Construction clause. Nothing in §§303.440

through 303.445 affects the right of a parent to file an appeal of the due process hearing decision with the lead

agency under §303.446(b), if the lead agency level appeal

is available.