45 CFR 84.36 : Public Welfare (Part 1 To Parts 2557-2599) — (Part 1 To Parts 171-199) — Department Of Health And Human Services (Part 1 To Parts 171-199) — General Administration (Part 1 To § 101.93) — Nondiscrimination On The Basis Of Handicap In Programs Or Activities Receiving Federal Financial Assistance (§ 84.1 To Appendix C To Part 84) — Preschool, Elementary, And Secondary Education (§ 84.31 To § 84.40) — Procedural safeguards.

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.