[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.436]

[Page 27]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964--Table of Contents
 
   Subpart D--Nondiscrimination in Federally-Assisted Programs of the 
 Department of Veterans Affairs--Effectuation of Title VI of the Civil 
                           Rights Act of 1964
 
Sec. 18.436  Procedural safeguards.

    (a) A recipient that operates a public elementary or secondary 
education program shall implement a system of procedural safeguards 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. The system 
shall include:
    (1) Notice;
    (2) An opportunity for the parents or guardian of the person to 
examine relevant records;
    (3) An impartial hearing with opportunity for participation by the 
person's parents or guardian and representation by counsel; and
    (4) Review procedure.
    (b) Compliance with the procedural safeguards of section 615 of the 
Education of the Handicapped Act is one means of meeting this 
requirement.