A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement.
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34 CFR 104.36 : Education (Parts 1-2 To Parts 1201-1299) — (Parts 1-2 To § 299.12) — Regulations Of The Offices Of The Department Of Education (§ 100.1 To § 299.12) — Office For Civil Rights, Department Of Education (§ 100.1 To Parts 111-199) — Nondiscrimination On The Basis Of Handicap In Programs Or Activities Receiving Federal Financial Assistance (§ 104.1 To Appendix B To Part 104) — Preschool, Elementary, And Secondary Education (§ 104.31 To § 104.39) — Procedural safeguards.
4 Aug 2016