[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR104.36]



[Page 380-381]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 104_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.  104.36  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



[[Page 381]]



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.



[45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000]