(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 the due process complaint;
(ii) A description of other options that the IFSP Team considered and the reasons why those options were rejected;
(iii) A description of each evaluation procedure, assessment, record, or report the lead agency or EIS provider used as the basis for the proposed or refused action; and
(iv) A description of the other factors that are relevant to the agency’s or EIS provider’s proposed or refused action.
(2) A response by the lead agency under paragraph (e)(1) of this section does not preclude the lead agency from asserting that the parent’s due process complaint was insufficient, where appropriate.
Last modified on May 2, 2017