This is referred to as an administrative appeal. If either party is still dissatisfied, they may initiate civil action. Federal law provides for the reimbursement of attorney's fees to families whose administrative and civil action is upheld. The law provides very specific guidelines for student evaluation, parental consent and involvement, access to records, individualized education program development and implementation, student placement and due process procedures. They provide standards for accountability, consistency across classrooms, districts and states, and detail a process for settling disputes in a fair and equitable manner.
Schools have a variety of responsibilities to protect the rights of the individual and the family.
Before a student enters a special education program, the education agency must provide a full evaluation of the child's educational needs. This must be individualized and may not discriminate based on race or culture. Tests and other evaluation materials given must be in the child's native language or other means of communication. Evaluations need only assess areas of educational need and cannot be based on a single test, such as a general intelligence test. Personnel giving the tests must be trained to do so according to the test publisher's standards.