[Guidance on Required Content of Forms\
Under Part B of the IDEA]{.smallcaps}

Part B of the Individuals with Disabilities Education Act (IDEA) sets
forth requirements for States and local educational agencies (school
districts) in providing special education and related services to
children with disabilities, ages 3 through 21. Part B emphasizes the
importance of including parents in decisions regarding the education of
their children. Before a school district proposes or refuses to take
action regarding the educational program of a child with a disability,
the district must provide a "prior written notice" to the parents. The
district must also, at specified times, provide parents with a
"procedural safeguards notice" which explains their rights under Part B
of the IDEA. Further, parents and school personnel must work together to
develop an individualized education program (IEP) for each child which
sets forth the services that the child will receive to meet his or her
unique needs.

In the Individuals with Disabilities Education Improvement Act of 2004
(the 2004 reauthorization of the IDEA), the Congress required the U.S.
Department of Education to publish and widely disseminate "model forms,"
that are "consistent with the requirements of \[Part B of the IDEA\]"
and "sufficient to meet those requirements." Specifically, the
reauthorization required the Department to develop forms for the:
(1) IEP; (2) notice of procedural safeguards; and (3) prior written
notice.

Attached to this introduction are the three forms that the Department
has, consistent with the instructions from the Congress, developed to
assist States and school districts in understanding the content that
Part B requires for each of these three types of forms. The content of
each of these forms is based upon the requirements set forth in the
final Part B regulations. Although States must ensure that school
districts include all of the content that Part B requires for each of
the documents that they provide to parents, States are not required to
use the format or specific language reflected in these forms. States may
choose to add additional content to their forms, so long as any
additional content is not inconsistent with Part B requirements.

These three forms closely track the language in the regulations.
However, where appropriate, the Secretary has, in order to make the
forms more user-friendly:

-   Used "school district" or "district" in place of "public agency" and
    "local educational agency."

-   Used "you" in place of "parent" (or the student, where parental
    rights have been transferred from the parent to the student at the
    age of majority).

In order to receive a copy of these model forms or the Part B
regulations,\
please contact Mary Louise Dirrigl by either e-mail
(mary.louise.dirrigl@ed.gov) or telephone (202‑245‑7324).

+---------+------------------------------------------------------------+
| **Part  | ####  Individualized Education Program                     |
| B**     |                                                            |
+---------+------------------------------------------------------------+

The Individualized Education Program (IEP) is a written document that is
developed for each eligible child with a disability. The Part B
regulations specify, at 34 CFR §§300.320-300.328, the procedures that
school districts must follow to develop, review, and revise the IEP for
each child. The document below sets out the IEP content that those
regulations require.

A statement of the child's present levels of academic achievement and
functional performance including:

-   How the child's disability affects the child's involvement and
    progress in the general education curriculum (i.e., the same
    curriculum as for nondisabled children) **or** [for preschool
    children]{.underline}, as appropriate, how the disability affects
    the child's participation in appropriate activities. \[34 CFR
    §300.320(a)(1)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

A statement of measurable annual goals, including academic and
functional goals designed to:

-   Meet the child's needs that result from the child's disability to
    enable the child to be involved in and make progress in the general
    education curriculum. \[34 CFR §300.320(a)(2)(i)(A)\]

-   Meet each of the child's other educational needs that result from
    the child's disability. \[34 CFR §300.320(a)(2)(i)(B)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

For children with disabilities who take alternate assessments aligned to
alternate achievement standards (in addition to the annual goals), a
description of benchmarks or short-term objectives.
\[34 CFR §300.320(a)(2)(ii)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

A description of:

-   How the child's progress toward meeting the annual goals will be
    measured. \[34 CFR §300.320(a)(3)(i)\]

-   When periodic reports on the progress the child is making toward
    meeting the annual goals will be provided such as through the use of
    quarterly or other periodic reports, concurrent with the issuance of
    report cards. \[34 CFR §300.320(a)(3)(ii)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

A statement of the [special education and related services]{.underline}
and [supplementary aids]{.underline} and [services,]{.underline} based
on peer-reviewed research to the extent practicable, to be provided to
the child, or on behalf of the child, and [a statement of the program
modifications or supports]{.underline} for school personnel that will be
provided to enable the child:

-   To advance appropriately toward attaining the annual goals.
    \[34 CFR §300.320(a)(4)(i)\]

-   To be involved in and make progress in the general education
    curriculum and to participate in extracurricular and other
    nonacademic activities. \[34 CFR §300.320(a)(4)(ii)\]

-   To be educated and participate with other children with disabilities
    and nondisabled children in extracurricular and other nonacademic
    activities. \[34 CFR §300.320(a)(4)(iii)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

An explanation of the extent, if any, to which the child will not
participate with nondisabled children in the regular classroom and in
extracurricular and other nonacademic activities. \[34 CFR
§300.320(a)(5)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

A statement of any individual appropriate accommodations that are
necessary to measure the academic achievement and functional performance
of the child on State and districtwide assessments. \[34 CFR
§300.320(a)(6)(i)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

If the IEP Team determines that the child must take an alternate
assessment instead of a particular regular State or districtwide
assessment of student achievement, a statement of why:

-   The child cannot participate in the regular assessment.
    \[34 CFR §300.320(a)(6)(ii)(A)\]

-   The particular alternate assessment selected is appropriate for the
    child. \[34 CFR §300.320(a)(6)(ii)(B)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

The projected date for the beginning of the services and modifications
and the anticipated frequency, location, and duration of [special
education and related services]{.underline} and [supplementary aids and
services]{.underline} and [modifications and supports.]{.underline}
\[34 CFR §300.320(a)(7)\]

  -------------------------------------------------------------------------
  Service, Aid or   Frequency     Location      Beginning     Duration
  Modification                                  Date          
  ----------------- ------------- ------------- ------------- -------------
                                                                   

                                                                   

                                                                   
  -------------------------------------------------------------------------

##  Transition Services

Beginning not later than the first IEP to be in effect [when the child
turns 16, or younger if determined appropriate by the IEP
Team]{.underline}, and updated annually thereafter, the IEP must
include:

-   Appropriate measurable postsecondary goals based upon
    age-appropriate transition assessments related to training,
    education, employment, and where appropriate, independent living
    skills. \[34 CFR §300.320(b)(1)\]

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

-   The transition services (including courses of study) needed to
    assist the child in reaching those goals. \[34 CFR §300.320(b)(2)\]

  -----------------------------------------------------------------------
  Transition Services (Including Courses of Study)
  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

## Rights that Transfer at Age of Majority

-   Beginning not later than one year before the child reaches the age
    of majority under State law, the IEP must include a statement that
    the child has been informed of the child's rights under Part B of
    the IDEA, if any, that will, consistent with 34 CFR §300.520,
    transfer to the child on reaching the age of majority.\
    \[34 CFR §300.320(c)\]

  ---------- ------------------------------------------------------------
  **Part B** **[Prior Written Notice]{.smallcaps}**

  ---------- ------------------------------------------------------------

Under 34 CFR §300.503(a), the school district must give you a written
notice (information received in writing), whenever the school district:
(1) Proposes to begin or change the identification, evaluation, or
educational placement of your child or the provision of a free
appropriate public education (FAPE) to your child; or (2) Refuses to
begin or change the identification, evaluation, or educational placement
of your child or the provision of FAPE to your child. The required
content under 34 CFR §300.503(b) is listed below in this model form. The
school district must provide the notice in understandable language (34
CFR §300.503(c)).

This model form provides a format that States and/or school districts
may choose to adopt to construct the form that they will use to provide
that notice. The school district will need to insert the required child-
and situation-specific information, and must inform parents, as part of
the notice, that they have protection under the procedural safeguards of
Part B of the IDEA.

## Prior Written Notice Under Part B of the IDEA 

-   Description of the action that the school district proposes or
    refuses to take:

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

-   Explanation of why the school district is proposing or refusing to
    take that action:

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

-   Description of each evaluation procedure, assessment, record, or
    report the school district used in deciding to propose or refuse the
    action:

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

-   Description of any other choices that the Individualized Education
    Program (IEP) Team considered and the reasons why those choices were
    rejected:

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

-   Description of other reasons why the school district proposed or
    refused the action:

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

-   Resources for the parents to contact for help in understanding Part
    B of the IDEA:

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

-   If this notice is not an initial referral for evaluation, how the
    parent can obtain a copy of a description of the procedural
    safeguards:

  -----------------------------------------------------------------------

  -----------------------------------------------------------------------

  ---------- ------------------------------------------------------------
  **Part B** **[Procedural Safeguards Notice]{.smallcaps}**

  ---------- ------------------------------------------------------------

The Individuals with Disabilities Education Act (IDEA), the Federal law
concerning the education of students with disabilities, requires schools
to provide parents of a child with a disability with a notice containing
a full explanation of the procedural safeguards available under the IDEA
and U.S. Department of Education regulations. A copy of this notice must
be given to parents only one time a school year, except that a copy must
be given to the parents: (1) upon initial referral or parent request for
evaluation; (2) upon receipt of the first State complaint under 34 CFR
§§300.151 through 300.153 and upon receipt of the first due process
complaint under §300.507 in a school year; (3) when a decision is made
to take a disciplinary action that constitutes a change of placement;
and (4) upon parent request. \[34 CFR §300.504(a)\]

This procedural safeguards notice must include a full explanation of all
of the procedural safeguards available under §300.148 (unilateral
placement at private school at public expense), §§300.151 through
300.153 (State complaint procedures), §300.300 (consent), §§300.502
through 300.503, §§300.505 through 300.518, and §§300.530 through
300.536 (procedural safeguards in Subpart E of the Part B regulations),
and §§300.610 through 300.625 (confidentiality of information provisions
in Subpart F). This model form provides a format that States and/or
school districts may choose to use to provide information about
procedural safeguards to parents.

  -----------------------------------------------------------------------
  **\[NOTE TO STATES AND SCHOOL DISTRICTS: Where the Office of Special
  Education Programs (OSEP) has included bracketed NOTES in this
  document, these NOTES are intended as directions to States or school
  districts regarding content that they must include in the procedural
  safeguards notice provided to parents. The State or school district
  should insert the required State-specific language and delete the NOTES
  prior to providing the notice to parents.\]**

  -----------------------------------------------------------------------

Table of Contents

[General Information 1](#general-information)

[Prior Written Notice 1](#prior-written-notice)

[Native Language 2](#native-language)

[Electronic Mail 2](#electronic-mail)

[Parental Consent - Definition 2](#parental-consent---definition)

[Parental Consent 3](#parental-consent)

[Independent Educational Evaluations
6](#independent-educational-evaluations)

[Confidentiality of Information 8](#confidentiality-of-information)

[Definitions 8](#definitions)

[Personally Identifiable 8](#personally-identifiable)

[Notice to Parents 8](#notice-to-parents)

[Access Rights 9](#access-rights)

[Record of Access 9](#record-of-access)

[Records on More Than One Child 10](#records-on-more-than-one-child)

[List of Types and Locations of Information
10](#list-of-types-and-locations-of-information)

[Fees 10](#fees)

[Amendment of Records at Parent's Request
10](#amendment-of-records-at-parents-request)

[Opportunity for a Hearing 11](#opportunity-for-a-hearing)

[Hearing Procedures 11](#hearing-procedures)

[Result of Hearing 11](#result-of-hearing)

[Consent For Disclosure of Personally Identifiable Information
11](#consent-for-disclosure-of-personally-identifiable-information)

[Safeguards 12](#safeguards)

[Destruction of Information 12](#destruction-of-information)

[State Complaint Procedures 13](#state-complaint-procedures)

[Difference Between Due Process Hearing Complaint and State Complaint
Procedures
13](#difference-between-due-process-hearing-complaint-and-state-complaint-procedures)

[Adoption of State Complaint Procedures
13](#adoption-of-state-complaint-procedures)

[Minimum State Complaint Procedures
14](#minimum-state-complaint-procedures)

[Filing a Complaint 15](#filing-a-complaint)

[Due Process Complaint Procedures 17](#due-process-complaint-procedures)

[Filing a Due Process Complaint 17](#filing-a-due-process-complaint)

[Due Process Complaint 17](#due-process-complaint)

[Model Forms 19](#model-forms)

[Mediation 19](#mediation)

[The Child's Placement While the Due Process Complaint and Hearing are
Pending
21](#the-childs-placement-while-the-due-process-complaint-and-hearing-are-pending)

[Resolution Process 22](#resolution-process)

[Hearings on Due Process Complaints
24](#hearings-on-due-process-complaints)

[Impartial Due Process Hearing 24](#impartial-due-process-hearing)

[Hearing Rights 25](#hearing-rights)

[Hearing Decisions 27](#hearing-decisions)

[Appeals 29](#appeals)

[Finality of Decision; Appeal; Impartial Review
29](#finality-of-decision-appeal-impartial-review)

[Timelines and Convenience of Hearings and Reviews
30](#timelines-and-convenience-of-hearings-and-reviews)

[Civil Actions, Including the Time Period in Which to File Those Actions
31](#civil-actions-including-the-time-period-in-which-to-file-those-actions)

[Attorneys' Fees 33](#attorneys-fees)

[Procedures When Disciplining Children with Disabilities
35](#procedures-when-disciplining-children-with-disabilities)

[Authority of School Personnel 35](#authority-of-school-personnel)

[Change of Placement Because of Disciplinary Removals
38](#change-of-placement-because-of-disciplinary-removals)

[Determination of Setting 38](#determination-of-setting)

[Appeal 39](#appeal)

[Placement During Appeals 40](#placement-during-appeals)

[Protections for Children Not Yet Eligible for Special Education and
Related Services
40](#protections-for-children-not-yet-eligible-for-special-education-and-related-services)

[Referral to and Action by Law Enforcement and Judicial Authorities
41](#referral-to-and-action-by-law-enforcement-and-judicial-authorities)

[Requirements for Unilateral Placement by Parents of Children in Private
Schools at Public Expense
43](#requirements-for-unilateral-placement-by-parents-of-children-in-private-schools-at-public-expense)

[General 43](#general-13)

# General Information

## Prior Written Notice

34 CFR §300.503

### Notice

Your school district must give you written notice (provide you certain
information in writing), whenever it:

1.  Proposes to initiate or to change the identification, evaluation, or
    educational placement of your child, or the provision of a free
    appropriate public education (FAPE) to your child;
    **[or]{.underline}**

2.  Refuses to initiate or to change the identification, evaluation, or
    educational placement of your child, or the provision of FAPE to
    your child.

### Content of notice

The written notice must:

1.  Describe the action that your school district proposes or refuses to
    take;

2.  Explain why your school district is proposing or refusing to take
    the action;

3.  Describe each evaluation procedure, assessment, record, or report
    your school district used in deciding to propose or refuse the
    action;

4.  Include a statement that you have protections under the procedural
    safeguards provisions in Part B of the IDEA;

5.  Tell you how you can obtain a description of the procedural
    safeguards if the action that your school district is proposing or
    refusing is not an initial referral for evaluation;

6.  Include resources for you to contact for help in understanding Part
    B of the IDEA;

7.  Describe any other choices that your child\'s individualized
    education program (IEP) Team considered and the reasons why those
    choices were rejected; **[and]{.underline}**

8.  Provide a description of other reasons why your school district
    proposed or refused the action.

### Notice in understandable language

The notice must be:

1.  Written in language understandable to the general public;
    **[and]{.underline}**

2.  Provided in your native language or other mode of communication you
    use, unless it is clearly not feasible to do so.

If your native language or other mode of communication is not a written
language, your school district must ensure that:

1.  The notice is translated for you orally by other means in your
    native language or other mode of communication;

2.  You understand the content of the notice; **[and]{.underline}**

3\. There is written evidence that 1 and 2 have been met.

## Native Language

34 CFR §300.29

*Native language,* when used with an individual who has limited English
proficiency, means the following:

1.  The language normally used by that person, or, in the case of a
    child, the language normally used by the child\'s parents;

```{=html}
<!-- -->
```
2.  In all direct contact with a child (including evaluation of the
    child), the language normally used by the child in the home or
    learning environment.

For a person with deafness or blindness, or for a person with no written
language, the mode of communication is what the person normally uses
(such as sign language, Braille, or oral communication).

## Electronic Mail

34 CFR §300.505

If your school district offers parents the choice of receiving documents
by e-mail, you may choose to receive the following by e-mail:

1.  Prior written notice;

2.  Procedural safeguards notice; **[and]{.underline}**

3.  Notices related to a due process complaint.

## Parental Consent - Definition

34 CFR §300.9

### Consent 

*Consent* means:

1.  You have been fully informed in your native language or other mode
    of communication (such as sign language, Braille, or oral
    communication) of all information about the action for which you are
    giving consent.

2.  You understand and agree in writing to that action, and the consent
    describes that action and lists the records (if any) that will be
    released and to whom; **[and]{.underline}**

3.  You understand that the consent is voluntary on your part and you
    may withdraw your consent at anytime.

Your withdrawal of consent does not negate (undo) an action that has
occurred after you gave your consent and before you withdrew it.

## Parental Consent

34 CFR §300.300

### Consent for initial evaluation

Your school district cannot conduct an initial evaluation of your child
to determine whether your child is eligible under Part B of the IDEA to
receive special education and related services without first providing
you with prior written notice of the proposed action and without
obtaining your consent as described under the heading ***Parental
Consent.***

Your school district must make reasonable efforts to obtain your
informed consent for an initial evaluation to decide whether your child
is a child with a disability.

Your consent for initial evaluation does not mean that you have also
given your consent for the school district to start providing special
education and related services to your child.

If your child is enrolled in public school or you are seeking to enroll
your child in a public school and you have refused to provide consent or
failed to respond to a request to provide consent for an initial
evaluation, your school district may, but is not required to, seek to
conduct an initial evaluation of your child by utilizing the Act\'s
mediation or due process complaint, resolution meeting, and impartial
due process hearing procedures (unless required to do so or prohibited
from doing so under State law). Your school district will not violate
its obligations to locate, identify and evaluate your child if it does
not pursue an evaluation of your child in these circumstances, unless
State law requires it to pursue the evaluation.

### Special rules for initial evaluation of wards of the State

If a child is a ward of the State and is not living with his/her parent
---

The school district does not need consent from the parent for an initial
evaluation to determine if the child is a child with a disability if:

1.  Despite reasonable efforts to do so, the school district cannot find
    the child's parent;

2.  The rights of the parents have been terminated in accordance with
    State law; **[or]{.underline}**

3.  A judge has assigned the right to make educational decisions and to
    consent for an initial evaluation to an individual other than the
    parent.

*Ward of the State*, as used in the IDEA, means a child who, as
determined by the State where the child lives, is:

1.  A foster child;

2.  Considered a ward of the State under State law; **[or]{.underline}**

3.  In the custody of a public child welfare agency.

*Ward of the State* does not include a foster child who has a foster
parent.

### Parental consent for services

Your school district must obtain your informed consent before providing
special education and related services to your child for the first time.

The school district must make reasonable efforts to obtain your informed
consent before providing special education and related services to your
child for the first time.

If you do not respond to a request to provide your consent for your
child to receive special education and related services for the first
time, or if you refuse to give such consent, your school district may
not use the procedural safeguards (i.e., mediation, due process
complaint, resolution meeting, or an impartial due process hearing) in
order to obtain agreement or a ruling that the special education and
related services (recommended by your child\'s IEP Team) may be provided
to your child without your consent.

If you refuse to give your consent for your child to receive special
education and related services for the first time, or if you do not
respond to a request to provide such consent and the school district
does not provide your child with the special education and related
services for which it sought your consent, your school district:

1.  Is not in violation of the requirement to make a free appropriate
    public education (FAPE) available to your child for its failure to
    provide those services to your child; **[and]{.underline}**

2.  Is not required to have an individualized education program (IEP)
    meeting or develop an IEP for your child for the special education
    and related services for which your consent was requested.

### Parental consent for reevaluations

Your school district must obtain your informed consent before it
reevaluates your child, unless your school district can demonstrate
that:

1.  It took reasonable steps to obtain your consent for your child\'s
    reevaluation; **[and]{.underline}**

2.  You did not respond.

If you refuse to consent to your child\'s reevaluation, the school
district may, but is not required to, pursue your child\'s reevaluation
by using the mediation, due process complaint, resolution meeting, and
impartial due process hearing procedures to seek to override your
refusal to consent to your child\'s reevaluation. As with initial
evaluations, your school district does not violate its obligations under
Part B of the IDEA if it declines to pursue the reevaluation in this
manner.

### Documentation of reasonable efforts to obtain parental consent

Your school must maintain documentation of reasonable efforts to obtain
parental consent for initial evaluations, to provide special education
and related services for the first time, to reevaluation and to locate
parents of wards of the State for initial evaluations. The documentation
must include a record of the school district's attempts in these areas,
such as:

1.  Detailed records of telephone calls made or attempted and the
    results of those calls;

2.  Copies of correspondence sent to the parents and any responses
    received; **[and]{.underline}**

3.  Detailed records of visits made to the parent's home or place of
    employment and the results of those visits.

### Other consent requirements

Your consent is not required before your school district may:

1.  Review existing data as part of your child\'s evaluation or a
    reevaluation; **[or]{.underline}**

2.  Give your child a test or other evaluation that is given to all
    children unless, before that test or evaluation, consent is required
    from all parents of all children.

  -----------------------------------------------------------------------
  **\[NOTE: If the State requires consent for other services and
  activities (in addition to those listed above), the notice must specify
  what those other services and activities are, and then also state: "The
  school district must develop and implement procedures to ensure that
  your refusal to consent to any of these other services and activities
  does not result in a failure to provide your child with a free
  appropriate public education (FAPE)."\]**

  -----------------------------------------------------------------------

Your school district may not use your refusal to consent to one service
or activity to deny you or your child any other service, benefit, or
activity.

If you have enrolled your child in a private school at your own expense
or if you are home schooling your child, and you do not provide your
consent for your child\'s initial evaluation or your child\'s
reevaluation, or you fail to respond to a request to provide your
consent, the school district may not use its consent override procedures
(i.e., mediation, due process complaint, resolution meeting, or an
impartial due process hearing) and is not required to consider your
child as eligible to receive equitable services (services made available
to parentally-placed private school children with disabilities).

## Independent Educational Evaluations

34 CFR §300.502

### General 

As described below, you have the right to obtain an independent
educational evaluation (IEE) of your child if you disagree with the
evaluation of your child that was obtained by your school district.

If you request an independent educational evaluation, the school
district must provide you with information about where you may obtain an
independent educational evaluation and about the school district's
criteria that apply to independent educational evaluations.

Definitions

*Independent educational evaluation* means an evaluation conducted by a
qualified examiner who is not employed by the school district
responsible for the education of your child.

*Public expense* means that the school district either pays for the full
cost of the evaluation or ensures that the evaluation is otherwise
provided at no cost to you, consistent with the provisions of Part B of
the IDEA, which allow each State to use whatever State, local, Federal
and private sources of support are available in the State to meet the
requirements of Part B of the Act.

### Parent right to evaluation at public expense

You have the right to an independent educational evaluation of your
child at public expense if you disagree with an evaluation of your child
obtained by your school district, subject to the following conditions:

1.  If you request an independent educational evaluation of your child
    at public expense, your school district must, without unnecessary
    delay, [either]{.underline}: (a) File a due process complaint to
    request a hearing to show that its evaluation of your child is
    appropriate; [or]{.underline} (b) Provide an independent educational
    evaluation at public expense, unless the school district
    demonstrates in a hearing that the evaluation of your child that you
    obtained did not meet the school district's criteria.

2.  If your school district requests a hearing and the final decision is
    that your school district's evaluation of your child is appropriate,
    you still have the right to an independent educational evaluation,
    but not at public expense.

3.  If you request an independent educational evaluation of your child,
    the school district may ask why you object to the evaluation of your
    child obtained by your school district. However, your school
    district may not require an explanation and may not unreasonably
    delay either providing the independent educational evaluation of
    your child at public expense or filing a due process complaint to
    request a due process hearing to defend the school district's
    evaluation of your child.

You are entitled to only one independent educational evaluation of your
child at public expense each time your school district conducts an
evaluation of your child with which you disagree.

### Parent-initiated evaluations

If you obtain an independent educational evaluation of your child at
public expense or you share with the school district an evaluation of
your child that you obtained at private expense:

1.  Your school district must consider the results of the evaluation of
    your child, if it meets the school district's criteria for
    independent educational evaluations, in any decision made with
    respect to the provision of a free appropriate public education
    (FAPE) to your child; **[and]{.underline}**

2.  You or your school district may present the evaluation as evidence
    at a due process hearing regarding your child.

### Requests for evaluations by hearing officers

If a hearing officer requests an independent educational evaluation of
your child as part of a due process hearing, the cost of the evaluation
must be at public expense.

### School district criteria 

If an independent educational evaluation is at public expense, the
criteria under which the evaluation is obtained, including the location
of the evaluation and the qualifications of the examiner, must be the
same as the criteria that the school district uses when it initiates an
evaluation (to the extent those criteria are consistent with your right
to an independent educational evaluation).

Except for the criteria described above, a school district may not
impose conditions or timelines related to obtaining an independent
educational evaluation at public expense.

# Confidentiality of Information

## Definitions

34 CFR §300.611

As used under the heading **Confidentiality of Information**:

-   *Destruction* means physical destruction or removal of personal
    identifiers from information so that the information is no longer
    personally identifiable.

-   *Education records* means the type of records covered under the
    definition of ''education records'' in 34 CFR Part 99 (the
    regulations implementing the Family Educational Rights and Privacy
    Act of 1974, 20 U.S.C. 1232g (FERPA)).

-   *Participating agency* means any school district, agency or
    institution that collects, maintains, or uses personally
    identifiable information, or from which information is obtained,
    under Part B of the IDEA.

## Personally Identifiable

34 CFR §300.32

*Personally identifiable* means information that has:

> \(a\) Your child\'s name, your name as the parent, or the name of
> another family member;
>
> \(b\) Your child\'s address;
>
> \(c\) A personal identifier, such as your child's social security
> number or student number; **[or]{.underline}**

\(d\) A list of personal characteristics or other information that would
make it possible to identify your child with reasonable certainty.

## Notice to Parents

34 CFR §300.612

The State Educational Agency must give notice that is adequate to fully
inform parents about confidentiality of personally identifiable
information, including:

1.  A description of the extent to which the notice is given in the
    native languages of the various population groups in the State;

2.  A description of the children on whom personally identifiable
    information is maintained, the types of information sought, the
    methods the State intends to use in gathering the information
    (including the sources from whom information is gathered), and the
    uses to be made of the information;

3.  A summary of the policies and procedures that participating agencies
    must follow regarding storage, disclosure to third parties,
    retention, and destruction of personally identifiable information;
    **[and]{.underline}**

4.  A description of all of the rights of parents and children regarding
    this information, including the rights under the Family Educational
    Rights and Privacy Act (FERPA) and its implementing regulations in
    34 CFR Part 99.

Before any major identification, location, or evaluation activity (also
known as "child find"), the notice must be published or announced in
newspapers or other media, or both, with circulation adequate to notify
parents throughout the State of the activity to locate, identify, and
evaluate children in need of special education and related services.

## Access Rights

34 CFR §300.613

The participating agency must permit you to inspect and review any
education records relating to your child that are collected, maintained,
or used by your school district under Part B of the IDEA. The
participating agency must comply with your request to inspect and review
any education records on your child without unnecessary delay and before
any meeting regarding an individualized education program (IEP), or any
impartial due process hearing (including a resolution meeting or a
hearing regarding discipline), and in no case more than 45 calendar days
after you have made a request.

Your right to inspect and review education records includes:

1.  Your right to a response from the participating agency to your
    reasonable requests for explanations and interpretations of the
    records;

2.  Your right to request that the participating agency provide copies
    of the records if you cannot effectively inspect and review the
    records unless you receive those copies; **[and]{.underline}**

3.  Your right to have your representative inspect and review the
    records.

The participating agency may presume that you have authority to inspect
and review records relating to your child unless advised that you do not
have the authority under applicable State law governing such matters as
guardianship, or separation and divorce.

## Record of Access

34 CFR §300.614

Each participating agency must keep a record of parties obtaining access
to education records collected, maintained, or used under Part B of the
IDEA (except access by parents and authorized employees of the
participating agency), including the name of the party, the date access
was given, and the purpose for which the party is authorized to use the
records.

## Records on More Than One Child

34 CFR §300.615

If any education record includes information on more than one child, the
parents of those children have the right to inspect and review only the
information relating to their child or to be informed of that specific
information.

## List of Types and Locations of Information

34 CFR §300.616

On request, each participating agency must provide you with a list of
the types and locations of education records collected, maintained, or
used by the agency.

## Fees

34 CFR §300.617

Each participating agency may charge a fee for copies of records that
are made for you under Part B of the IDEA, if the fee does not
effectively prevent you from exercising your right to inspect and review
those records.

A participating agency may not charge a fee to search for or to retrieve
information under Part B of the IDEA.

## Amendment of Records at Parent's Request

34 CFR §300.618

If you believe that information in the education records regarding your
child collected, maintained, or used under Part B of the IDEA is
inaccurate, misleading, or violates the privacy or other rights of your
child, you may request the participating agency that maintains the
information to change the information.

The participating agency must decide whether to change the information
in accordance with your request within a reasonable period of time of
receipt of your request.

If the participating agency refuses to change the information in
accordance with your request, it must inform you of the refusal and
advise you of the right to a hearing for this purpose as described under
the heading ***Opportunity For a Hearing**.*

## Opportunity for a Hearing

34 CFR §300.619

The participating agency must, on request, provide you an opportunity
for a hearing to challenge information in education records regarding
your child to ensure that it is not inaccurate, misleading, or otherwise
in violation of the privacy or other rights of your child.

## Hearing Procedures

34 CFR §300.621

A hearing to challenge information in education records must be
conducted according to the procedures for such hearings under the Family
Educational Rights and Privacy Act (FERPA).

## Result of Hearing 

34 CFR §300.620

If, as a result of the hearing, the participating agency decides that
the information is inaccurate, misleading or otherwise in violation of
the privacy or other rights of the child, it must change the information
accordingly and inform you in writing.

If, as a result of the hearing, the participating agency decides that
the information is not inaccurate, misleading, or otherwise in violation
of the privacy or other rights of your child, it must inform you of your
right to place in the records that it maintains on your child a
statement commenting on the information or providing any reasons you
disagree with the decision of the participating agency.

Such an explanation placed in the records of your child must:

1.  Be maintained by the participating agency as part of the records of
    your child as long as the record or contested portion is maintained
    by the participating agency; **[and]{.underline}**

2.  If the participating agency discloses the records of your child or
    the challenged portion to any party, the explanation must also be
    disclosed to that party.

## Consent For Disclosure of Personally Identifiable Information

34 CFR §300.622

Unless the information is contained in education records, and the
disclosure is authorized without parental consent under the Family
Educational Rights and Privacy Act (FERPA), your consent must be
obtained before personally identifiable information is disclosed to
parties other than officials of participating agencies. Except under the
circumstances specified below, your consent is not required before
personally identifiable information is released to officials of
participating agencies for purposes of meeting a requirement of Part B
of the IDEA.

Your consent, or consent of an eligible child who has reached the age of
majority under State law, must be obtained before personally
identifiable information is released to officials of participating
agencies providing or paying for transition services.

If your child is in, or is going to go to, a private school that is not
located in the same school district you reside in, your consent must be
obtained before any personally identifiable information about your child
is released between officials in the school district where the private
school is located and officials in the school district where you reside.

## Safeguards

34 CFR §300.623

Each participating agency must protect the confidentiality of personally
identifiable information at collection, storage, disclosure, and
destruction stages.

One official at each participating agency must assume responsibility for
ensuring the confidentiality of any personally identifiable information.

All persons collecting or using personally identifiable information must
receive training or instruction regarding your State's policies and
procedures regarding confidentiality under Part B of the IDEA and the
Family Educational Rights and Privacy Act (FERPA).

Each participating agency must maintain, for public inspection, a
current listing of the names and positions of those employees within the
agency who may have access to personally identifiable information.

## Destruction of Information

34 CFR §300.624

Your school district must inform you when personally identifiable
information collected, maintained, or used is no longer needed to
provide educational services to your child.

The information must be destroyed at your request. However, a permanent
record of your child's name, address, and phone number, his or her
grades, attendance record, classes attended, grade level completed, and
year completed may be maintained without time limitation.

# State Complaint Procedures

## Difference Between Due Process Hearing Complaint and State Complaint Procedures 

The regulations for Part B of IDEA set forth separate procedures for
State complaints and for due process complaints and hearings. As
explained below, any individual or organization may file a State
complaint alleging a violation of any Part B requirement by a school
district, the State Educational Agency, or any other public agency. Only
you or a school district may file a due process complaint on any matter
relating to a proposal or a refusal to initiate or change the
identification, evaluation or educational placement of a child with a
disability, or the provision of a free appropriate public education
(FAPE) to the child. While staff of the State Educational Agency
generally must resolve a State complaint within a 60-calendar-day
timeline, unless the timeline is properly extended, an impartial due
process hearing officer must hear a due process complaint (if not
resolved through a resolution meeting or through mediation) and issue a
written decision within 45-calendar-days after the end of the resolution
period, as described in this document under the heading Resolution
Process, unless the hearing officer grants a specific extension of the
timeline at your request or the school district\'s request. The State
complaint and due process complaint, resolution and hearing procedures
are described more fully below.

## Adoption of State Complaint Procedures

34 CFR §300.151

### General

Each State Educational Agency must have written procedures for:

1.  Resolving any complaint, including a complaint filed by an
    organization or individual from another State;

2.  **The filing of a complaint with the State Educational Agency;**

  -----------------------------------------------------------------------
  **\[NOTE to States and school districts: For those States that adopt
  the option, insert after State Educational Agency --- "and the filing
  of a complaint with a school district and the right to have the State
  Educational Agency review the school district's decision on the
  complaint"\]**

  -----------------------------------------------------------------------

3.  Widely disseminating the State complaint procedures to parents and
    other interested individuals, including parent training and
    information centers, protection and advocacy agencies, independent
    living centers, and other appropriate entities.

### Remedies for denial of appropriate services

In resolving a State complaint in which the State Educational Agency has
found a failure to provide appropriate services, the State Educational
Agency must address:

1.  The failure to provide appropriate services, including corrective
    action appropriate to address the needs of the child;
    **[and]{.underline}**

2.  Appropriate future provision of services for all children with
    disabilities.

## Minimum State Complaint Procedures

34 CFR §300.152

### Time limit; minimum procedures

Each State Educational Agency must include in its State complaint
procedures a time limit of 60 calendar days after a complaint is filed
to:

1.  Carry out an independent on-site investigation, if the State
    Educational Agency determines that an investigation is necessary;

2.  Give the complainant the opportunity to submit additional
    information, either orally or in writing, about the allegations in
    the complaint;

3.  Provide the school district or other public agency with the
    opportunity to respond to the complaint, including, at a
    minimum: (a) at the option of the agency, a proposal to resolve the
    complaint; **[and]{.underline}** (b) an opportunity for a parent who
    has filed a complaint and the agency to agree voluntarily to engage
    in mediation;

4.  Review all relevant information and make an independent
    determination as to whether the school district or other public
    agency is violating a requirement of Part B of the IDEA;
    **[and]{.underline}**

5.  Issue a written decision to the complainant that addresses each
    allegation in the complaint and contains: (a) findings of fact and
    conclusions; **[and]{.underline}** (b) the reasons for the State
    Educational Agency's final decision.

### Time extension; final decision; implementation 

The State Educational Agency's procedures described above also must:

1.  Permit an extension of the 60 calendar-day time limit only if: (a)
    exceptional circumstances exist with respect to a particular State
    complaint; **[or]{.underline}** (b) the parent and the school
    district or other public agency involved voluntarily agree to extend
    the time to resolve the matter through mediation or alternative
    means of dispute resolution, if available in the State.

2.  Include procedures for effective implementation of the State
    Educational Agency's final decision, if needed, including: (a)
    technical assistance activities; (b) negotiations;
    **[and]{.underline}** (c) corrective actions to achieve compliance.

### State complaints and due process hearings 

If a written State complaint is received that is also the subject of a
due process hearing as described below under the heading ***Filing a Due
Process Complaint***, or the State complaint contains multiple issues of
which one or more are part of such a hearing, the State must set aside
the State complaint, or any part of the State complaint that is being
addressed in the due process hearing until the hearing is over. Any
issue in the State complaint that is not a part of the due process
hearing must be resolved using the time limit and procedures described
above.

If an issue raised in a State complaint has previously been decided in a
due process hearing involving the same parties (you and the school
district), then the due process hearing decision is binding on that
issue and the State Educational Agency must inform the complainant that
the decision is binding.

A complaint alleging a school district's or other public agency's
failure to implement a due process hearing decision must be resolved by
the State Educational Agency.

## Filing a Complaint

34 CFR §300.153

An organization or individual may file a signed written State complaint
under the procedures described above.

The State complaint must include:

1\. A statement that a school district or other public agency has
violated a requirement of Part B of the IDEA or its regulations;

> 2\. The facts on which the statement is based;
>
> 3\. The signature and contact information for the complainant; and

4\. If alleging violations regarding a specific child:

> \(a\) The name of the child and address of the residence of the child;
>
> \(b\) The name of the school the child is attending;

(c) In the case of a homeless child or youth, available contact
    information for the child, and the name of the school the child is
    attending;

(d) A description of the nature of the problem of the child, including
    facts relating to the problem; **[and]{.underline}**

(e) A proposed resolution of the problem to the extent known and
    available to the party filing the complaint at the time the
    complaint is filed.

The complaint must allege a violation that occurred not more than one
year prior to the date that the complaint is received as described under
the heading ***Adoption of State Complaint Procedures.***

The party filing the State complaint must forward a copy of the
complaint to the school district or other public agency serving the
child at the same time the party files the complaint with the State
Educational Agency.

# Due Process Complaint Procedures

## Filing a Due Process Complaint

34 CFR §300.507

### General

You or the school district may file a due process complaint on any
matter relating to a proposal or a refusal to initiate or change the
identification, evaluation or educational placement of your child, or
the provision of a free appropriate public education (FAPE) to your
child.

The due process complaint must allege a violation that happened not more
than two years before you or the school district knew or should have
known about the alleged action that forms the basis of the due process
complaint.

  -----------------------------------------------------------------------
  **\[NOTE to States and school districts: If the State has established a
  specific timeframe for requesting a hearing under the IDEA that is
  different than two years (either shorter or longer), revise the above
  statement to reflect that timeframe.\]**

  -----------------------------------------------------------------------

The above timeline does not apply to you if you could not file a due
process complaint within the timeline because:

1.  The school district specifically misrepresented that it had resolved
    the issues identified in the complaint; **[or]{.underline}**

2.  The school district withheld information from you that it was
    required to provide you under Part B of the IDEA.

### Information for parents

The school district must inform you of any free or low-cost legal and
other relevant services available in the area if you request the
information, **[or]{.underline}** if you or the school district file a
due process complaint.

## Due Process Complaint

34 CFR §300.508

### General

In order to request a hearing, you or the school district (or your
attorney or the school district\'s attorney) must submit a due process
complaint to the other party. That complaint must contain all of the
content listed below and must be kept confidential.

You or the school district, whichever one filed the complaint, must also
provide the State Educational Agency with a copy of the complaint.

### Content of the complaint

The due process complaint must include:

1.  The name of the child;

2.  The address of the child's residence;

3.  The name of the child's school;

4.  If the child is a homeless child or youth, the child's contact
    information and the name of the child's school;

5.  A description of the nature of the problem of the child relating to
    the proposed or refused action, including facts relating to the
    problem; **[and]{.underline}**

6.  A proposed resolution of the problem to the extent known and
    available to you or the school district at the time.

### Notice required before a hearing on a due process complaint

You or the school district may not have a due process hearing until you
or the school district (or your attorney or the school district\'s
attorney), files a due process complaint that includes the information
listed above.

### Sufficiency of complaint

In order for a due process complaint to go forward, it must be
considered sufficient. The due process complaint will be considered
sufficient (to have met the content requirements above) unless the party
receiving the due process complaint (you or the school district)
notifies the hearing officer and the other party in writing, within 15
calendar days of receiving the complaint, that the receiving party
believes that the due process complaint does not meet the requirements
listed above.

Within five calendar days of receiving the notification the receiving
party (you or the school district) considers a due process complaint
insufficient, the hearing officer must decide if the due process
complaint meets the requirements listed above, and notify you and the
school district in writing immediately.

### Complaint amendment

You or the school district may make changes to the complaint only if:

1.  The other party approves of the changes in writing and is given the
    chance to resolve the due process complaint through a resolution
    meeting, described below; **[or]{.underline}**

2.  By no later than five days before the due process hearing begins,
    the hearing officer grants permission for the changes.

If the complaining party (you or the school district) makes changes to
the due process complaint, the timelines for the resolution meeting
(within 15 calendar days of receiving the complaint) and the time period
for resolution (within 30 calendar days of receiving the complaint)
start again on the date the amended complaint is filed.

### Local educational agency (LEA) or school district response to a due process complaint

If the school district has not sent a prior written notice to you, as
described under the heading ***Prior Written Notice***, regarding the
subject matter contained in your due process complaint, the school
district must, within 10 calendar days of receiving the due process
complaint, send to you a response that includes:

1.  An explanation of why the school district proposed or refused to
    take the action raised in the due process complaint;

2.  A description of other options that your child\'s individualized
    education program (IEP) Team considered and the reasons why those
    options were rejected;

3.  A description of each evaluation procedure, assessment, record, or
    report the school district used as the basis for the proposed or
    refused action; **[and]{.underline}**

4.  A description of the other factors that are relevant to the school
    district's proposed or refused action.

Providing the information in items 1-4 above does not prevent the school
district from asserting that your due process complaint was
insufficient.

### Other party response to a due process complaint

Except as stated under the sub-heading immediately above, ***Local
educational agency* (*LEA) or school district response to a due process
complaint***, the party receiving a due process complaint must, within
10 calendar days of receiving the complaint, send the other party a
response that specifically addresses the issues in the complaint.

## Model Forms

34 CFR §300.509

The State Educational Agency must develop model forms to help you file a
due process complaint and a State complaint. However, your State or the
school district may not require you to use these model forms. In fact,
you can use this form or another appropriate model form, so long as it
contains the required information for filing a due process complaint or
a State complaint.

## Mediation

34 CFR §300.506

### General

The school district must make mediation available to allow you and the
school district to resolve disagreements involving any matter under Part
B of the IDEA, including matters arising prior to the filing of a due
process complaint. Thus, mediation is available to resolve disputes
under Part B of the IDEA, whether or not you have filed a due process
complaint to request a due process hearing as described under the
heading ***Filing a Due Process Complaint***.

### Requirements

The procedures must ensure that the mediation process:

1.  Is voluntary on your part and the school district\'s part;

2.  Is not used to deny or delay your right to a due process hearing, or
    to deny any other rights you have under Part B of the IDEA;
    **[and]{.underline}**

3.  Is conducted by a qualified and impartial mediator who is trained in
    effective mediation techniques.

The school district may develop procedures that offer parents and
schools that choose not to use the mediation process, an opportunity to
meet, at a time and location convenient to you, with a disinterested
party:

1.  Who is under contract with an appropriate alternative dispute
    resolution entity, or a parent training and information center or
    community parent resource center in the State; **[and]{.underline}**

2.  Who would explain the benefits and encourage the use of the
    mediation process to you.

The State must have a list of people who are qualified mediators and
know the laws and regulations relating to the provision of special
education and related services. The State Educational Agency must select
mediators on a random, rotational, or other impartial basis.

The State is responsible for the cost of the mediation process,
including the costs of meetings.

Each meeting in the mediation process must be scheduled in a timely
manner and held at a place that is convenient for you and the school
district.

If you and the school district resolve a dispute through the mediation
process, both parties must enter into a legally binding agreement that
sets forth the resolution and that:

1.  States that all discussions that happened during the mediation
    process will remain confidential and may not be used as evidence in
    any subsequent due process hearing or civil proceeding;
    **[and]{.underline}**

2.  Is signed by both you and a representative of the school district
    who has the authority to bind the school district.

A written, signed mediation agreement is enforceable in any State court
of competent jurisdiction (a court that has the authority under State
law to hear this type of case) or in a district court of the United
States.

Discussions that happened during the mediation process must be
confidential. They cannot be used as evidence in any future due process
hearing or civil proceeding of any Federal court or State court of a
State receiving assistance under Part B of IDEA.

### Impartiality of mediator

The mediator:

1.  May not be an employee of the State Educational Agency or the school
    district that is involved in the education or care of your child;
    **[and]{.underline}**

2.  Must not have a personal or professional interest which conflicts
    with the mediator's objectivity.

A person who otherwise qualifies as a mediator is not an employee of a
school district or State agency solely because he or she is paid by the
agency or school district to serve as a mediator.

## The Child's Placement While the Due Process Complaint and Hearing are Pending 

34 CFR §300.518

Except as provided below under the heading ***PROCEDURES WHEN
DISCIPLINING CHILDREN WITH DISABILITIES,*** once a due process complaint
is sent to the other party, during the resolution process time period,
and while waiting for the decision of any impartial due process hearing
or court proceeding, unless you and the State or school district agree
otherwise, your child must remain in his or her current educational
placement.

If the due process complaint involves an application for initial
admission to public school, your child, with your consent, must be
placed in the regular public school program until the completion of all
such proceedings.

If the due process complaint involves an application for initial
services under Part B of the IDEA for a child who is transitioning from
being served under Part C of the IDEA to Part B of the IDEA and who is
no longer eligible for Part C services because the child has turned
three, the school district is not required to provide the Part C
services that the child has been receiving. If the child is found
eligible under Part B of the IDEA and you consent for the child to
receive special education and related services for the first time, then,
pending the outcome of the proceedings, the school district must provide
those special education and related services that are not in dispute
(those which you and the school district both agree upon).

## Resolution Process

34 CFR §300.510

### Resolution meeting

Within 15 calendar days of receiving notice of your due process
complaint, and before the due process hearing begins, the school
district must convene a meeting with you and the relevant member or
members of the individualized education program (IEP) Team who have
specific knowledge of the facts identified in your due process
complaint. The meeting:

1.  Must include a representative of the school district who has
    decision-making authority on behalf of the school district;
    **[and]{.underline}**

2.  May not include an attorney of the school district unless you are
    accompanied by an attorney.

You and the school district determine the relevant members of the IEP
Team to attend the meeting.

The purpose of the meeting is for you to discuss your due process
complaint, and the facts that form the basis of the complaint, so that
the school district has the opportunity to resolve the dispute.

The resolution meeting is not necessary if:

1.  You and the school district agree in writing to waive the meeting;
    **[or]{.underline}**

2.  You and the school district agree to use the mediation process, as
    described under the heading ***Mediation***.

### Resolution period

If the school district has not resolved the due process complaint to
your satisfaction within 30 calendar days of the receipt of the due
process complaint (during the time period for the resolution process),
the due process hearing may occur.

The 45-calendar-day timeline for issuing a final decision begins at the
expiration of the 30-calendar-day resolution period, with certain
exceptions for adjustments made to the 30-calendar-day resolution
period, as described below.

Except where you and the school district have both agreed to waive the
resolution process or to use mediation, your failure to participate in
the resolution meeting will delay the timelines for the resolution
process and due process hearing until you agree to participate in a
meeting.

If after making reasonable efforts and documenting such efforts, the
school district is not able to obtain your participation in the
resolution meeting, the school district may, at the end of the
30-calendar-day resolution period, request that a hearing officer
dismiss your due process complaint. Documentation of such efforts must
include a record of the school district's attempts to arrange a mutually
agreed upon time and place, such as:

1.  Detailed records of telephone calls made or attempted and the
    results of those calls;

2.  Copies of correspondence sent to you and any responses received; and

3.  Detailed records of visits made to your home or place of employment
    and the results of those visits.

If the school district fails to hold the resolution meeting within 15
calendar days of receiving notice of your due process complaint
**[or]{.underline}** fails to participate in the resolution meeting, you
may ask a hearing officer to order that the 45-calendar-day due process
hearing timeline begin.

### Adjustments to the 30-calendar-day resolution period

If you and the school district agree in writing to waive the resolution
meeting, then the 45-calendar-day timeline for the due process hearing
starts the next day.

After the start of mediation or the resolution meeting and before the
end of the 30-calendar-day resolution period, if you and the school
district agree in writing that no agreement is possible, then the
45-calendar-day timeline for the due process hearing starts the next
day.

If you and the school district agree to use the mediation process, at
the end of the 30-calendar-day resolution period, both parties can agree
in writing to continue the mediation until an agreement is reached.
However, if either you or the school district withdraws from the
mediation process, then the 45-calendar-day timeline for the due process
hearing starts the next day.

### Written settlement agreement

If a resolution to the dispute is reached at the resolution meeting, you
and the school district must enter into a legally binding agreement that
is:

1.  Signed by you and a representative of the school district who has
    the authority to bind the school district; **[and]{.underline}**

2.  Enforceable in any State court of competent jurisdiction (a State
    court that has authority to hear this type of case) or in a district
    court of the United States or by the State Educational Agency, if
    your State has another mechanism or procedures that permit parties
    to seek enforcement of resolution agreements.

### Agreement review period

If you and the school district enter into an agreement as a result of a
resolution meeting, either party (you or the school district) may void
the agreement within 3 business days of the time that both you and the
school district signed the agreement.

# Hearings on Due Process Complaints

## Impartial Due Process Hearing

34 CFR §300.511

### General

Whenever a due process complaint is filed, you or the school district
involved in the dispute must have an opportunity for an impartial due
process hearing, as described in the ***Due Process Complaint*** and
***Resolution Process*** sections.

+-----------------------------------------------------------------------+
| **\[NOTE: The procedural safeguards notice provided to parents should |
| identify the agency that is responsible for convening hearings (e.g., |
| the school district, the State Educational Agency, or another         |
| State-level agency or entity). Under the following headings, two      |
| options are provided ("One-tier" or "Two-tier"), and the State/school |
| district should use the appropriate language that is consistent with  |
| its due process system: *Hearing Rights (34 CFR §300.512), Finality   |
| of Decision; Appeal; Impartial Review (34 CFR §300.514), Timelines    |
| and Convenience of Hearings and Reviews (34 CFR §300.515)* and *Civil |
| Actions, Including the Time Periods in which to File those Actions    |
| (34 CFR §300.516). ***                                                |
|                                                                       |
| **"One-tier" refers to a due process system in which the State        |
| Educational Agency or another State-level agency or entity (other     |
| than the school district) is responsible for convening due process    |
| hearings, and an appeal from a due process hearing decision is        |
| directly to a court.**                                                |
|                                                                       |
| **"Two-tier" refers to a due process system in which the school       |
| district is responsible for convening due process hearings, and an    |
| appeal from a due process hearing is to a State-level review hearing  |
| before appealing to court.\]**                                        |
+-----------------------------------------------------------------------+

### Impartial hearing officer

At a minimum, a hearing officer:

1.  Must not be an employee of the State Educational Agency or the
    school district that is involved in the education or care of the
    child. However, a person is not an employee of the agency solely
    because he/she is paid by the agency to serve as a hearing officer;

2.  Must not have a personal or professional interest that conflicts
    with the hearing officer's objectivity in the hearing;

3.  Must be knowledgeable and understand the provisions of the IDEA, and
    Federal and State regulations pertaining to the IDEA, and legal
    interpretations of the IDEA by Federal and State courts;
    **[and]{.underline}**

4.  Must have the knowledge and ability to conduct hearings, and to make
    and write decisions, consistent with appropriate, standard legal
    practice.

Each school district must keep a list of those persons who serve as
hearing officers that includes a statement of the qualifications of each
hearing officer.

### Subject matter of due process hearing

The party (you or the school district) that requests the due process
hearing may not raise issues at the due process hearing that were not
addressed in the due process complaint, unless the other party agrees.

### Timeline for requesting a hearing

You or the school district must request an impartial hearing on a due
process complaint within two years of the date you or the school
district knew or should have known about the issue addressed in the
complaint.

  -----------------------------------------------------------------------
  **\[NOTE: If State law establishes an explicit time limit for
  requesting a due process hearing that is different than two years
  (either shorter or longer), revise the above statement to reflect that
  timeframe.\]**

  -----------------------------------------------------------------------

### Exceptions to the timeline

The above timeline does not apply to you if you could not file a due
process complaint because:

1.  The school district specifically misrepresented that it had resolved
    the problem or issue that you are raising in your complaint;
    **[or]{.underline}**

2.  The school district withheld information from you that it was
    required to provide to you under Part B of the IDEA.

## Hearing Rights

34 CFR §300.512

  -----------------------------------------------------------------------
  **\[NOTE: Two alternatives follow. States should use the one that
  conforms to their due process system.\]**

  -----------------------------------------------------------------------

[*The Following Applies to One-tier States*:]{.mark}

### General

Any party to a due process hearing (including a hearing relating to
disciplinary procedures) has the right to:

1.  Be accompanied and advised by a lawyer and/or persons with special
    knowledge or training regarding the problems of children with
    disabilities;

2.  Present evidence and confront, cross-examine, and require the
    attendance of witnesses;

3.  Prohibit the introduction of any evidence at the hearing that has
    not been disclosed to that party at least five business days before
    the hearing;

4.  Obtain a written, or, at your option, electronic, word-for-word
    record of the hearing; **[and]{.underline}**

5.  Obtain written, or, at your option, electronic findings of fact and
    decisions.

### Additional disclosure of information

At least five business days prior to a due process hearing, you and the
school district must disclose to each other all evaluations completed by
that date and recommendations based on those evaluations that you or the
school district intend to use at the hearing.

A hearing officer may prevent any party that fails to comply with this
requirement from introducing the relevant evaluation or recommendation
at the hearing without the consent of the other party.

### Parental rights at hearings

You must be given the right to:

1.  Have your child present;

2.  Open the hearing to the public; **[and]{.underline}**

3.  Have the record of the hearing, the findings of fact and decisions
    provided to you at no cost.

*[The Following Applies to Two-Tier States:]{.mark}*

### General

Any party to a due process hearing (including a hearing relating to
disciplinary procedures) or an appeal, as described under the
sub-heading ***Appeal of decisions; impartial review*** has the right
to:

1.  Be accompanied and advised by a lawyer and/or persons with special
    knowledge or training regarding the problems of children with
    disabilities;

2.  Present evidence and confront, cross-examine, and require the
    attendance of witnesses;

3.  Prohibit the introduction of any evidence at the hearing that has
    not been disclosed to the other party at least five business days
    before the hearing;

4.  Obtain a written, or, at your option, electronic, word-for-word
    record of the hearing; **[and]{.underline}**

5.  Obtain written, or, at your option, electronic findings of fact and
    decisions.

### Additional disclosure of information

At least five business days prior to a due process hearing, you and the
school district must disclose to each other all evaluations completed by
that date and recommendations based on those evaluations that you or the
school district intend to use at the hearing.

A hearing officer may prevent any party that fails to comply with this
requirement from introducing the relevant evaluation or recommendation
at the hearing without the consent of the other party.

### Parental rights at hearings 

You must be given the right to:

1.  Have your child present;

2.  Open the hearing to the public; **[and]{.underline}**

3.  Have the record of the hearing, the findings of fact and decisions
    provided to you at no cost.

*[End of Alternative Language]{.mark}*

## Hearing Decisions

34 CFR §300.513

### Decision of hearing officer

A hearing officer's decision on whether your child received a free
appropriate public education (FAPE) must be based on substantive
grounds.

In matters alleging a procedural violation, a hearing officer may find
that your child did not receive FAPE only if the procedural
inadequacies:

1.  Interfered with your child's right to a free appropriate public
    education (FAPE);

2.  Significantly interfered with your opportunity to participate in the
    decision-making process regarding the provision of a free
    appropriate public education (FAPE) to your child;
    **[or]{.underline}**

3.  Caused a deprivation of an educational benefit.

### Construction clause

None of the provisions described above can be interpreted to prevent a
hearing officer from ordering a school district to comply with the
requirements in the procedural safeguards section of the Federal
regulations under Part B of the IDEA (34 CFR §§300.500 through 300.536).

*[The Following Applies to Two-Tier States:]{.mark}*

None of the provisions under the headings: ***Filing a Due Process
Complaint; Due Process Complaint; Model Forms; Resolution Process;
Impartial Due Process Hearing; Hearing Rights; and Hearing Decisions***
(34 CFR §§300.507 through 300.513), can affect your right to file an
appeal of the due process hearing decision with the State Educational
Agency.

*[End of Alternative Language]{.mark}*

### Separate request for a due process hearing 

Nothing in the procedural safeguards section of the Federal regulations
under Part B of the IDEA (34 CFR §§300.500 through 300.536) can be
interpreted to prevent you from filing a separate due process complaint
on an issue separate from a due process complaint already filed.

### Findings and decision to advisory panel and general public

The State Educational Agency or the school district, (whichever was
responsible for your hearing) after deleting any personally identifiable
information, must:

1.  Provide the findings and decisions in the due process hearing or
    appeal to the State special education advisory panel;
    **[and]{.underline}**

2.  Make those findings and decisions available to the public.

# Appeals 

## Finality of Decision; Appeal; Impartial Review

34 CFR §300.514

  -----------------------------------------------------------------------
  **\[NOTE: Alternative language follows. States should use the one that
  conforms to their due process system.\]**

  -----------------------------------------------------------------------

### *[The Following Applies to One-Tier States:]{.mark}*

### Finality of hearing decision 

A decision made in a due process hearing (including a hearing relating
to disciplinary procedures) is final, except that any party involved in
the hearing (you or the school district) may appeal the decision by
bringing a civil action, as described below.

*The Following Applies to Two-Tier States:*

### Finality of hearing decision 

A decision made in a due process hearing (including a hearing relating
to disciplinary procedures) is final, except that any party involved in
the hearing (you or the school district) may appeal the decision to the
State Educational Agency.

### Appeal of decisions; impartial review 

If a party (you or the school district) is aggrieved by the findings and
decision in the hearing, an appeal may be brought to the State
Educational Agency.

If there is an appeal, the State Educational Agency must conduct an
impartial review of the findings and decision appealed. The official
conducting the review must:

1.  Examine the entire hearing record;

2.  Ensure that the procedures at the hearing were consistent with the
    requirements of due process;

3.  Seek additional evidence if necessary. If a hearing is held to
    receive additional evidence, the hearing rights described above
    under the heading ***Hearing Rights*** apply;

4.  Give the parties an opportunity for oral or written argument, or
    both, at the discretion of the reviewing official;

5.  Make an independent decision on completion of the review;
    **[and]{.underline}**

6.  Give you and the school district a copy of the written, or, at your
    option, electronic findings of fact and decisions.

### Findings and decision to advisory panel and general public

The State Educational Agency, after deleting any personally identifiable
information, must:

1.  Provide the findings and decisions of the appeal to the State
    special education advisory panel; **[and]{.underline}**

2.  Make those findings and decisions available to the public.

### Finality of review decision 

The decision made by the reviewing official is final unless you or the
school district brings a civil action, as described below.

*[End of Alternative Language]{.mark}*

## Timelines and Convenience of Hearings and Reviews

34 CFR §300.515

  -----------------------------------------------------------------------
  **\[NOTE: Alternative language follows. States should use the one that
  conforms to their due process system.\]**

  -----------------------------------------------------------------------

*The Following Applies to One-Tier States:*

> The State Educational Agency must ensure that not later than 45
> calendar days after the expiration of the 30-calendar-day period for
> resolution meetings **[or]{.underline}**, as described under the
> sub-heading ***Adjustments to the 30-calendar-day resolution
> period,*** not later than 45 calendar days after the expiration of the
> adjusted time period:

1.  A final decision is reached in the hearing; **[and]{.underline}**

2.  A copy of the decision is mailed to each of the parties.

> A hearing officer may grant specific extensions of time beyond the
> 45-calendar-day time period described above at the request of either
> party.
>
> Each hearing must be conducted at a time and place that is reasonably
> convenient to you and your child.

*The Following Applies to Two-Tier States:*

> The school district must ensure that not later than 45 calendar days
> after the expiration of the 30-calendar-day period for resolution
> meetings **[or]{.underline}**, as described under the sub-heading
> ***Adjustments to the 30-calendar-day resolution period,*** not later
> than 45 calendar days after the expiration of the adjusted time
> period:

1.  A final decision is reached in the hearing; **[and]{.underline}**

2.  A copy of the decision is mailed to you and the school district.

> The State Educational Agency must ensure that not later than 30
> calendar days after the receipt of a request for a review:

1.  A final decision is reached in the review; **[and]{.underline}**

2.  A copy of the decision is mailed to you and the school district.

> A hearing or reviewing officer may grant specific extensions of time
> beyond the periods described above (45 calendar days for a hearing
> decision and 30 calendar days for a review decision) if you or the
> school district make a request for a specific extension of the
> timeline.
>
> Each hearing and review involving oral arguments must be conducted at
> a time and place that is reasonably convenient to you and your child.

*[End of Alternative Language]{.mark}*

## Civil Actions, Including the Time Period in Which to File Those Actions

34 CFR §300.516

### General

  -----------------------------------------------------------------------
  **\[NOTE: Alternative language follows. States should use the one that
  conforms to their due process system.\]**

  -----------------------------------------------------------------------

*The Following Applies to One-Tier States:*

> Any party (you or the school district) who does not agree with the
> findings and decision in the due process hearing (including a hearing
> relating to disciplinary procedures) has the right to bring a civil
> action with respect to the matter that was the subject of the due
> process hearing. The action may be brought in a State court of
> competent jurisdiction (a State court that has authority to hear this
> type of case) or in a district court of the United States without
> regard to the amount in dispute.

*The Following Applies to Two-Tier States:*

> Any party (you or the school district) who does not agree with the
> findings and decision in the State-level review has the right to bring
> a civil action with respect to the matter that was the subject of the
> due process hearing (including a hearing relating to disciplinary
> procedures). The action may be brought in a State court of competent
> jurisdiction (a State court that has authority to hear this type of
> case) or in a district court of the United States without regard to
> the amount in dispute.

*[End of Alternative Language]{.mark}*

### Time limitation

  -----------------------------------------------------------------------
  **\[NOTE: Alternative language follows. States should use the one that
  conforms to their due process system.\]**

  -----------------------------------------------------------------------

*The Following Applies to One-Tier States:*

> The party (you or the school district) bringing the action shall have
> 90 calendar days from the date of the decision of the hearing officer
> to file a civil action.

  -----------------------------------------------------------------------
  **\[NOTE: If the State has established a timeframe different than 90
  days (either shorter or longer), revise the above statement to reflect
  that specific State timeframe.\]**

  -----------------------------------------------------------------------

*The Following Applies to Two-Tier States:*

> The party (you or the school district) bringing the action shall have
> 90 calendar days from the date of the decision of the State review
> official to file a civil action.

  -----------------------------------------------------------------------
  **\[NOTE: If the State has established a timeframe different than 90
  days (either shorter or longer), revise the above statement to reflect
  that specific State timeframe.\]**

  -----------------------------------------------------------------------

##### *[End of Alternative Language]{.mark}*

##### Additional procedures 

In any civil action, the court:

1.  Receives the records of the administrative proceedings;

2.  Hears additional evidence at your request or at the school
    district\'s request; **[and]{.underline}**

3.  Bases its decision on the preponderance of the evidence and grants
    the relief that the court determines to be appropriate.

##### Jurisdiction of district courts

The district courts of the United States have authority to rule on
actions brought under Part B of the IDEA without regard to the amount in
dispute.

##### Rule of construction

Nothing in Part B of the IDEA restricts or limits the rights,
procedures, and remedies available under the U.S. Constitution, the
Americans with Disabilities Act of 1990, Title V of the Rehabilitation
Act of 1973 (Section 504), or other Federal laws protecting the rights
of children with disabilities, except that before the filing of a civil
action under these laws seeking relief that is also available under Part
B of the IDEA, the due process procedures described above must be
exhausted to the same extent as would be required if the party filed the
action under Part B of the IDEA. This means that you may have remedies
available under other laws that overlap with those available under the
IDEA, but in general, to obtain relief under those other laws, you must
first use the available administrative remedies under the IDEA (i.e.,
the due process complaint, resolution meeting, and impartial due process
hearing procedures) before going directly into court.

## Attorneys' Fees

34 CFR §300.517

+-----------------------------------------------------------------------+
| ***\[NOTE: The following provision should be included only in the     |
| procedural safeguards notice for the District of Columbia\]:***       |
|                                                                       |
| Nothing under this heading shall be understood to affect section 327  |
| of the District of Columbia Appropriations Act, 2005. Parents who     |
| reside in the District of Columbia should review the current D.C.     |
| Appropriations Act to determine whether any provisions in that Act    |
| impact their recovery of attorney's fees under Part B of the IDEA.    |
|                                                                       |
| ######## End of District of Columbia Language                         |
+-----------------------------------------------------------------------+

### General

In any action or proceeding brought under Part B of the IDEA, if you
prevail, the court, in its discretion, may award reasonable attorneys'
fees as part of the costs to you.

In any action or proceeding brought under Part B of the IDEA, the court,
in its discretion, may award reasonable attorneys' fees as part of the
costs to a prevailing State Educational Agency or school district, to be
paid by your attorney, if the attorney: (a) filed a complaint or court
case that the court finds is frivolous, unreasonable, or without
foundation; **[or]{.underline}** (b) continued to litigate after the
litigation clearly became frivolous, unreasonable, or without
foundation; **[or]{.underline}**

In any action or proceeding brought under Part B of the IDEA, the court,
in its discretion, may award reasonable attorneys' fees as part of the
costs to a prevailing State Educational Agency or school district, to be
paid by you or your attorney, if your request for a due process hearing
or later court case was presented for any improper purpose, such as to
harass, to cause unnecessary delay, or to unnecessarily increase the
cost of the action or proceeding.

### Award of fees

A court awards reasonable attorneys' fees as follows:

1.  Fees must be based on rates prevailing in the community in which the
    action or hearing arose for the kind and quality of services
    furnished. No bonus or multiplier may be used in calculating the
    fees awarded.

2.  Fees may not be awarded and related costs may not be reimbursed in
    any action or proceeding under Part B of the IDEA for services
    performed after a written offer of settlement to you if:

    a.  The offer is made within the time prescribed by Rule 68 of the
        Federal Rules of Civil Procedure or, in the case of a due
        process hearing or State-level review, at any time more than 10
        calendar days before the proceeding begins;

    b.  The offer is not accepted within 10 calendar days;
        **[and]{.underline}**

    c.  The court or administrative hearing officer finds that the
        relief finally obtained by you is not more favorable to you than
        the offer of settlement.

> Despite these restrictions, an award of attorneys' fees and related
> costs may be made to you if you prevail and you were substantially
> justified in rejecting the settlement offer.

3.  Fees may not be awarded relating to any meeting of the
    individualized education program (IEP) Team unless the meeting is
    held as a result of an administrative proceeding or court action.

+-----------------------------------------------------------------------+
| ######## \[NOTE: if t                                                 |
| he State does not allow fees for mediation, add "Fees also may not be |
|  awarded for a mediation as described under the heading Mediation."\] |
+-----------------------------------------------------------------------+

> A resolution meeting, as described under the heading ***Resolution
> meeting***, is not considered a meeting convened as a result of an
> administrative hearing or court action, and also is not considered an
> administrative hearing or court action for purposes of these
> attorneys' fees provisions.

The court reduces, as appropriate, the amount of the attorneys' fees
awarded under Part B of the IDEA, if the court finds that:

1.  You, or your attorney, during the course of the action or
    proceeding, unreasonably delayed the final resolution of the
    dispute;

2.  The amount of the attorneys' fees otherwise authorized to be awarded
    unreasonably exceeds the hourly rate prevailing in the community for
    similar services by attorneys of reasonably similar skill,
    reputation, and experience;

3.  The time spent and legal services furnished were excessive
    considering the nature of the action or proceeding;
    **[or]{.underline}**

4.  The attorney representing you did not provide to the school district
    the appropriate information in the due process request notice as
    described under the heading ***Due Process Complaint***.

However, the court may not reduce fees if the court finds that the State
or school district unreasonably delayed the final resolution of the
action or proceeding or there was a violation under the procedural
safeguards provisions of Part B of the IDEA.

# Procedures When Disciplining Children with Disabilities

## Authority of School Personnel

34 CFR §300.530

### Case-by-case determination

School personnel may consider any unique circumstances on a case-by-case
basis, when determining whether a change of placement, made in
accordance with the following requirements related to discipline, is
appropriate for a child with a disability who violates a school code of
student conduct.

### General

To the extent that they also take such action for children without
disabilities, school personnel may, for not more than **10 school days**
in a row, remove a child with a disability who violates a code of
student conduct from his or her current placement to an appropriate
interim alternative educational setting (which must be determined by the
child\'s individualized education program (IEP) Team), another setting,
or suspension. School personnel may also impose additional removals of
the child of not more than **10 school days** in a row in that same
school year for separate incidents of misconduct, as long as those
removals do not constitute a change of placement (see ***Change of
Placement Because of Disciplinary Removals*** for the definition,
below).

Once a child with a disability has been removed from his or her current
placement for a total of **10 school days** in the same school year, the
school district must, during any subsequent days of removal in that
school year, provide services to the extent required below under the
sub-heading ***Services***.

### Additional authority

If the behavior that violated the student code of conduct was not a
manifestation of the child's disability (see ***Manifestation
determination***, below) and the disciplinary change of placement would
exceed **10 school days** in a row, school personnel may apply the
disciplinary procedures to that child with a disability in the same
manner and for the same duration as it would to children without
disabilities, except that the school must provide services to that child
as described below under ***Services***. The child's IEP Team determines
the interim alternative educational setting for such services.

### Services

The services that must be provided to a child with a disability who has
been removed from the child's current placement may be provided in an
interim alternative educational setting.

A school district is only required to provide services to a child with a
disability who has been removed from his or her current placement for
**10 school days or less** in that school year, if it provides services
to a child without disabilities who has been similarly removed.

  -----------------------------------------------------------------------
  **\[Note: It would be helpful for the procedural safeguards notice that
  parents receive to clarify whether, in that State, nondisabled students
  who are subject to short-term disciplinary removal receive services
  during that time period.\]**

  -----------------------------------------------------------------------

A child with a disability who is removed from the child's current
placement for **more than 10 school days** must:

1.  Continue to receive educational services, so as to enable the child
    to continue to participate in the general education curriculum,
    although in another setting, and to progress toward meeting the
    goals set out in the child's IEP; **[and]{.underline}**

2.  Receive, as appropriate, a functional behavioral assessment, and
    behavioral intervention services and modifications, that are
    designed to address the behavior violation so that it does not
    happen again.

After a child with a disability has been removed from his or her current
placement for **10 school days** in that same school year, and
**[if]{.underline}** the current removal is for **10 school days** in a
row or less **and** if the removal is not a change of placement (see
definition below), **[then]{.underline}** school personnel, in
consultation with at least one of the child's teachers, determine the
extent to which services are needed to enable the child to continue to
participate in the general education curriculum, although in another
setting, and to progress toward meeting the goals set out in the child's
IEP.

If the removal is a change of placement (see definition below), the
child's IEP Team determines the appropriate services to enable the child
to continue to participate in the general education curriculum, although
in another setting, and to progress toward meeting the goals set out in
the child's IEP.

### Manifestation determination

Within **10 school days** of any decision to change the placement of a
child with a disability because of a violation of a code of student
conduct (except for a removal that is for **10 school days** in a row or
less and not a change of placement), the school district, the parent,
and relevant members of the IEP Team (as determined by the parent and
the school district) must review all relevant information in the
student's file, including the child's IEP, any teacher observations, and
any relevant information provided by the parents to determine:

1.  If the conduct in question was caused by, or had a direct and
    substantial relationship to, the child's disability;
    **[or]{.underline}**

2.  If the conduct in question was the direct result of the school
    district's failure to implement the child\'s IEP.

If the school district, the parent, and relevant members of the child's
IEP Team determine that either of those conditions was met, the conduct
must be determined to be a manifestation of the child's disability.

If the school district, the parent, and relevant members of the child's
IEP Team determine that the conduct in question was the direct result of
the school district's failure to implement the IEP, the school district
must take immediate action to remedy those deficiencies.

### Determination that behavior was a manifestation of the child\'s disability

If the school district, the parent, and relevant members of the IEP Team
determine that the conduct was a manifestation of the child's
disability, the IEP Team must either:

1.  Conduct a functional behavioral assessment, unless the school
    district had conducted a functional behavioral assessment before the
    behavior that resulted in the change of placement occurred, and
    implement a behavioral intervention plan for the child;
    **[or]{.underline}**

2.  If a behavioral intervention plan already has been developed, review
    the behavioral intervention plan, and modify it, as necessary, to
    address the behavior.

Except as described below under the sub-heading ***Special
circumstances***, the school district must return the child to the
placement from which the child was removed, unless the parent and the
district agree to a change of placement as part of the modification of
the behavioral intervention plan.

### Special circumstances

Whether or not the behavior was a manifestation of the child's
disability, school personnel may remove a student to an interim
alternative educational setting (determined by the child's IEP Team) for
up to 45 school days, if the child:

1.  Carries a weapon (see the definition below) to school or has a
    weapon at school, on school premises, or at a school function under
    the jurisdiction of the State Educational Agency or a school
    district;

2.  Knowingly has or uses illegal drugs (see the definition below), or
    sells or solicits the sale of a controlled substance, (see the
    definition below), while at school, on school premises, or at a
    school function under the jurisdiction of the State Educational
    Agency or a school district; **[or]{.underline}**

3.  Has inflicted serious bodily injury (see the definition below) upon
    another person while at school, on school premises, or at a school
    function under the jurisdiction of the State Educational Agency or a
    school district.

### Definitions 

*Controlled substance* means a drug or other substance identified under
schedules I, II, III, IV, or V in section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)).

*Illegal drug* means a controlled substance; but does not include a
controlled substance that is legally possessed or used under the
supervision of a licensed health-care professional or that is legally
possessed or used under any other authority under that Act or under any
other provision of Federal law.

*Serious bodily injury* has the meaning given the term ''serious bodily
injury'' under paragraph (3) of subsection (h) of section 1365 of title
18, United States Code.

*Weapon* has the meaning given the term ''dangerous weapon'' under
paragraph (2) of the first subsection (g) of section 930 of title 18,
United States Code.

**Notification**

On the date it makes the decision to make a removal that is a change of
placement of the child because of a violation of a code of student
conduct, the school district must notify the parents of that decision,
and provide the parents with a procedural safeguards notice.

## Change of Placement Because of Disciplinary Removals

34 CFR §300.536

A removal of a child with a disability from the child's current
educational placement is a **change of placement** if:

1.  The removal is for more than 10 school days in a row;
    **[or]{.underline}**

2.  The child has been subjected to a series of removals that constitute
    a pattern because:

    a.  The series of removals total more than 10 school days in a
        school year;

    b.  The child's behavior is substantially similar to the child's
        behavior in previous incidents that resulted in the series of
        removals;

    c.  Of such additional factors as the length of each removal, the
        total amount of time the child has been removed, and the
        proximity of the removals to one another; **[and]{.underline}**

Whether a pattern of removals constitutes a change of placement is
determined on a case-by-case basis by the school district and, if
challenged, is subject to review through due process and judicial
proceedings.

## Determination of Setting

34 CFR § 300.531

The individualized education program (IEP) Team must determine the
interim alternative educational setting for removals that are **changes
of placement**, and removals under the headings ***Additional
authority*** and ***Special circumstances***, above.

## Appeal

34 CFR § 300.532

### General

The parent of a child with a disability may file a due process complaint
(see above) to request a due process hearing if he or she disagrees
with:

1.  Any decision regarding placement made under these discipline
    provisions; **[or]{.underline}**

2.  The manifestation determination described above.

The school district may file a due process complaint (see above) to
request a due process hearing if it believes that maintaining the
current placement of the child is substantially likely to result in
injury to the child or to others.

### Authority of hearing officer

A hearing officer that meets the requirements described under the
sub-heading ***Impartial Hearing Officer*** must conduct the due process
hearing and make a decision. The hearing officer may:

1.  Return the child with a disability to the placement from which the
    child was removed if the hearing officer determines that the removal
    was a violation of the requirements described under the heading
    ***Authority of School Personnel***, or that the child's behavior
    was a manifestation of the child's disability; **[or]{.underline}**

2.  Order a change of placement of the child with a disability to an
    appropriate interim alternative educational setting for not more
    than 45 school days if the hearing officer determines that
    maintaining the current placement of the child is substantially
    likely to result in injury to the child or to others.

These hearing procedures may be repeated, if the school district
believes that returning the child to the original placement is
substantially likely to result in injury to the child or to others.

Whenever a parent or a school district files a due process complaint to
request such a hearing, a hearing must be held that meets the
requirements described under the headings ***Due Process Complaint
Procedures, Hearings on Due Process Complaints***, **\[For Two-Tiered
States add "**[and ***Appeal of decisions; impartial
review***]{.mark}***,*"\]** except as follows:

1.  The State Educational Agency or school district must arrange for an
    expedited due process hearing, which must occur within
    **[20]{.underline}** school days of the date the hearing is
    requested and must result in a determination within
    **[10]{.underline}** school days after the hearing.

2.  Unless the parents and the school district agree in writing to waive
    the meeting, or agree to use mediation, a resolution meeting must
    occur within **[seven]{.underline}** calendar days of receiving
    notice of the due process complaint. The hearing may proceed unless
    the matter has been resolved to the satisfaction of both parties
    within **[15]{.underline}** calendar days of receipt of the due
    process complaint.

3.  A State may establish different procedural rules for expedited due
    process hearings than it has established for other due process
    hearings, but except for the timelines, those rules must be
    consistent with the rules in this document regarding due process
    hearings.

A party may appeal the decision in an expedited due process hearing in
the same way as they may for decisions in other due process hearings
(see ***Appeals***, above).

## Placement During Appeals

34 CFR §300.533

When, as described above, the parent or school district has filed a due
process complaint related to disciplinary matters, the child must
(unless the parent and the State Educational Agency or school district
agree otherwise) remain in the interim alternative educational setting
pending the decision of the hearing officer, or until the expiration of
the time period of removal as provided for and described under the
heading ***Authority of School Personnel***, whichever occurs first.

## Protections for Children Not Yet Eligible for Special Education and Related Services

34 CFR §300.534

### General

If a child has not been determined eligible for special education and
related services and violates a code of student conduct, but the school
district had knowledge (as determined below) before the behavior that
brought about the disciplinary action occurred, that the child was a
child with a disability, then the child may assert any of the
protections described in this notice.

### Basis of knowledge for disciplinary matters

A school district must be deemed to have knowledge that a child is a
child with a disability if, before the behavior that brought about the
disciplinary action occurred:

1.  The parent of the child expressed concern in writing that the child
    is in need of special education and related services to supervisory
    or administrative personnel of the appropriate educational agency,
    or a teacher of the child;

2.  The parent requested an evaluation related to eligibility for
    special education and related services under Part B of the IDEA;
    **[or]{.underline}**

3.  The child's teacher, or other school district personnel expressed
    specific concerns about a pattern of behavior demonstrated by the
    child directly to the school district's director of special
    education or to other supervisory personnel of the school district.

### Exception

A school district would not be deemed to have such knowledge if:

1.  The child's parent has not allowed an evaluation of the child or
    refused special education services; **[or]{.underline}**

2.  The child has been evaluated and determined to not be a child with a
    disability under Part B of the IDEA.

### Conditions that apply if there is no basis of knowledge

If prior to taking disciplinary measures against the child, a school
district does not have knowledge that a child is a child with a
disability, as described above under the sub-headings ***Basis of
knowledge for disciplinary matters*** and ***Exception***, the child may
be subjected to the disciplinary measures that are applied to children
without disabilities who engaged in comparable behaviors.

However, if a request is made for an evaluation of a child during the
time period in which the child is subjected to disciplinary measures,
the evaluation must be conducted in an expedited manner.

Until the evaluation is completed, the child remains in the educational
placement determined by school authorities, which can include suspension
or expulsion without educational services.

If the child is determined to be a child with a disability, taking into
consideration information from the evaluation conducted by the school
district, and information provided by the parents, the school district
must provide special education and related services in accordance with
Part B of the IDEA, including the disciplinary requirements described
above.

## Referral to and Action by Law Enforcement and Judicial Authorities

34 CFR §300.535

Part B of the IDEA does not:

1.  Prohibit an agency from reporting a crime committed by a child with
    a disability to appropriate authorities; **[or]{.underline}**

2.  Prevent State law enforcement and judicial authorities from
    exercising their responsibilities with regard to the application of
    Federal and State law to crimes committed by a child with a
    disability.

### Transmittal of records

If a school district reports a crime committed by a child with a
disability, the school district:

1.  Must ensure that copies of the child's special education and
    disciplinary records are transmitted for consideration by the
    authorities to whom the agency reports the crime;
    **[and]{.underline}**

2.  May transmit copies of the child's special education and
    disciplinary records only to the extent permitted by the Family
    Educational Rights and Privacy Act (FERPA).

# Requirements for Unilateral Placement by Parents of Children in Private Schools at Public Expense

## General 

34 CFR §300.148

Part B of the IDEA does not require a school district to pay for the
cost of education, including special education and related services, of
your child with a disability at a private school or facility if the
school district made a free appropriate public education (FAPE)
available to your child and you choose to place the child in a private
school or facility. However, the school district where the private
school is located must include your child in the population whose needs
are addressed under the Part B provisions regarding children who have
been placed by their parents in a private school under 34 CFR §§300.131
through 300.144.

**Reimbursement for private school placement**

If your child previously received special education and related services
under the authority of a school district, and you choose to enroll your
child in a private preschool, elementary school, or secondary school
without the consent of or referral by the school district, a court or a
hearing officer may require the agency to reimburse you for the cost of
that enrollment if the court or hearing officer finds that the agency
had not made a free appropriate public education (FAPE) available to
your child in a timely manner prior to that enrollment and that the
private placement is appropriate. A hearing officer or court may find
your placement to be appropriate, even if the placement does not meet
the State standards that apply to education provided by the State
Educational Agency and school districts.

**Limitation on reimbursement**

The cost of reimbursement described in the paragraph above may be
reduced or denied:

1.  If: (a) At the most recent individualized education program (IEP)
    meeting that you attended prior to your removal of your child from
    the public school, you did not inform the IEP Team that you were
    rejecting the placement proposed by the school district to provide
    FAPE to your child, including stating your concerns and your intent
    to enroll your child in a private school at public expense; or (b)
    At least 10 business days (including any holidays that occur on a
    business day) prior to your removal of your child from the public
    school, you did not give written notice to the school district of
    that information;

2.  If, prior to your removal of your child from the public school, the
    school district provided prior written notice to you, of its intent
    to evaluate your child (including a statement of the purpose of the
    evaluation that was appropriate and reasonable), but you did not
    make the child available for the evaluation; **[or]{.underline}**

3.  Upon a court's finding that your actions were unreasonable.

However, the cost of reimbursement:

1.  Must not be reduced or denied for failure to provide the notice
    if: (a) The school prevented you from providing the notice; (b) You
    had not received notice of your responsibility to provide the notice
    described above; or (c) Compliance with the requirements above would
    likely result in physical harm to your child; **[and]{.underline}**

2.  May, in the discretion of the court or a hearing officer, not be
    reduced or denied for the parents' failure to provide the required
    notice if: (a) The parent is not literate or cannot write in
    English; or (b) Compliance with the above requirement would likely
    result in serious emotional harm to the child.