(d) Due process hearing procedures. Each lead agency must adopt written due process hearing procedures to resolve complaints with respect to a particular child regarding any matter identified in §303.421(a), by either adopting—
The part C due process hearing procedures under section 639 of the Act that—
Meet the requirements in §§303.435 through 303.438; and
Provide a means of filing a due process complaint regarding any matter listed in §303.421(a); or
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)).
Last modified on May 2, 2017