[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR84.36]



[Page 355-356]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 84_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.  84.36  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 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



[[Page 356]]



safeguards of section 615 of the Education of the Handicapped Act is one 

means of meeting this requirement.



[42 FR 22677, May 4, 1977, as amended at 70 FR 24319, May 9, 2005]