A due process complaint, filed on March 12, 2020 and set for hearing on October 24, 2020, alleges a school district failed to conduct an initial evaluation following a parent’s request.  A state complaint filed this week by the same party involves a simil

A due process complaint, filed on March 12, 2020 and set for hearing on October 24, 2020, alleges a school district failed to conduct an initial evaluation following a parent’s request.  A state complaint filed this week by the same party involves a similar allegation following a second request for an evaluation by the parent, but this allegation is based on new facts that arose after the due process complaint was filed. An evaluation has not been completed following either request. The question we have, in consideration of 34 CFR § 300.152(c), is whether we should: (a) proceed with a state complaint investigation as to the issue raised in the state complaint since it stems from a new set of facts OR (b) hold the issue raised in the state complaint in abeyance pending the due process hearing since it is somewhat tied to the original issue raised in the due process complaint?