[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR605.36]



[Page 91]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 605_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

        Subpart D_Preschool, Elementary, and Secondary Education

 

Sec. 605.36  Procedural safeguards.



    A recipient that operates a public elementary or secondary education 

program 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.