---
kind: "section"
citation: "34 C.F.R. § 303.430"
title: "34"
number: "303.430"
heading: "State dispute resolution options."
url: "https://uscodex.org/cfr/34/303.430"
---

# §303.430. State dispute resolution options.

- (a) **General.** Each statewide system must include written procedures for the timely administrative resolution of complaints through mediation, State complaint procedures, and due process hearing procedures, described in [paragraphs (b) through (e)](#b..e) of this section.
- (b) **Mediation.** Each lead agency must make available to parties to disputes involving any matter under this part the opportunity for mediation that meets the requirements in [§ 303.431](/cfr/34/303.431.md).
- (c) **State complaint procedures.** Each lead agency must adopt written State complaint procedures to resolve any State complaints filed by any party regarding any violation of this part that meet the requirements in [§§ 303.432 through 303.434](/cfr/34/303.432..303.434.md).
- (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)](/cfr/34/303.421.md?p=a), by either adopting—
  - (1) **The part C due process hearing procedures under section 639 of the Act that—**
    - (i) Meet the requirements in [§§ 303.435 through 303.438](/cfr/34/303.435..303.438.md); and
    - (ii) Provide a means of filing a due process complaint regarding any matter listed in [§ 303.421(a)](/cfr/34/303.421.md?p=a); or
  - (2) The part B due process hearing procedures under section 615 of the Act and [§§ 303.440 through 303.449](/cfr/34/303.440..303.449.md) (with either a 30-day or 45-day timeline for resolving due process complaints, as provided in [§ 303.440(c)](/cfr/34/303.440.md?p=c)).
- (e) **Status of a child during the pendency of a due process complaint.**
  - (1) During the pendency of any proceeding involving a due process complaint under [paragraph (d)](#d) of this section, unless the lead agency and parents of an infant or toddler with a disability otherwise agree, the child must continue to receive the appropriate early intervention services in the setting identified in the IFSP that is consented to by the parents.
  - (2) If the due process complaint under [paragraph (d)](#d) of this section involves an application for initial services under part C of the Act, the child must receive those services that are not in dispute.

## Notes

### Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

### Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.