121
or requests an IEP meeting, then the ap-
propriate authority shall convene an IEP
meeting to review the child’s educational
program, related services, supplementary
aids and services, and placement.
‘‘(ii) REVIEW
OF
IEP.—In carrying
out a review of the IEP of the child, the
IEP Team shall determine—
‘‘(I) the appropriateness of the
current IEP of the child;
‘‘(II) whether or not special edu-
cation and related services have been
appropriately provided to the child;
‘‘(III) whether or not other sup-
plementary aids or services, including
teacher training, are needed to ad-
dress the behavior of the child; and
‘‘(IV) subject to clauses (iii) and
(iv), whether or not the placement of
the child should be changed.
‘‘(iii) DETERMINATION OF CHANGE IN
PLACEMENT.—Prior to proposing a change
in the placement of the child, the IEP
Team shall first consider and then docu-
ment the following:
122
‘‘(I) The cumulative record over
a reasonable period of time describing
the frequent behaviors exhibited by
the child that significantly impairs the
education of the child, the education
of the classmates of the child, and the
ability of the teacher of the child to
teach.
‘‘(II) Documentation of the ef-
forts made to address the behavior of
the child, the use of supplementary
services or strategies (including the
use of behavior management plans)
that have been implemented over a
reasonable period of time and have
failed to address the behavior of the
child in a manner that would enable
the child to remain in the current
educational placement of the child
without significantly impairing the
education of the child, the education
of the classmates of the child, and the
ability of the teacher of the child to
teach.
123
‘‘(III) The training made avail-
able to the teacher or teachers of the
child.
‘‘(iv) 
EXPEDITED
DUE
PROCESS
HEARING.—If the IEP Team determines
that a change in placement of the child is
appropriate, and the parents of the child
disagree with such determination, then ei-
ther party may request an expedited due
process hearing in accordance with section
615(f)(2).
‘‘(C) REQUIREMENT
WITH
RESPECT
TO
REGULAR EDUCATION TEACHER.—The regular
education teacher of the child, as a member of
the IEP Team, shall, to the extent appropriate,
participate in the review and revision of the
IEP of the child.
‘‘(4) FAILURE
TO
MEET
TRANSITION
OBJEC-
TIVES.—If a participating agency, other than the
local educational agency, fails to provide the transi-
tion services described in the IEP in accordance with
section 602(11)(F)(ii), the local educational agency
shall reconvene the IEP Team to identify alternative
strategies to meet the transition objectives for the
child set out in that program.
124
‘‘(5) RULE
OF
CONSTRUCTION.—Nothing in
this subsection shall be construed—
‘‘(A) to decrease the amount of informa-
tion that a parent receives concerning the
progress of the child of such parent; or
‘‘(B) to increase the amount of paperwork
for the teachers, related services personnel, and
administrators of such child.
‘‘(e) EDUCATIONAL PLACEMENTS.—Each local edu-
cational agency or State educational agency shall ensure
that the parents of each child with a disability are mem-
bers of any group that makes decisions on the educational
placement of their child.
‘‘SEC. 615. PROCEDURAL SAFEGUARDS.
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State
educational agency or local educational agency that re-
ceives assistance under this part shall establish and main-
tain procedures in accordance with this section to assure
that children with disabilities and their parents are guar-
anteed procedural safeguards with respect to the provision
of free appropriate public education by such agencies.
‘‘(b) TYPES OF PROCEDURES.—The procedures re-
quired by this section shall include—
‘‘(1) an opportunity for the parents of a child
with a disability to examine all records relating to
125
such child and to participate in meetings with re-
spect to the identification, evaluation, and edu-
cational placement of the child, and the provision of
a free appropriate public education to such child,
and to obtain an independent educational evaluation
of the child;
‘‘(2) procedures to protect the rights of the
child whenever the parents of the child are not
known, the agency cannot, after reasonable efforts,
locate the parents, or the child is a ward of the
State, including the assignment of an individual
(who shall not be an employee of the State edu-
cational agency, the local educational agency, or any
other agency that is involved in the education or
care of the child) to act as a surrogate for the par-
ents;
‘‘(3) written prior notice to the parents of the
child whenever such agency—
‘‘(A) proposes to initiate or change; or
‘‘(B) refuses to initiate or change;
the identification, evaluation, or educational place-
ment of the child, in accordance with subsection (c),
or the provision of a free appropriate public edu-
cation to the child;
127
‘‘(ii) a description of the nature of the
problem of the child relating to such pro-
posed initiation or change, including facts
relating to such problem; and
‘‘(iii) the proposed resolution of the
problem; and
‘‘(8) procedures that require the State edu-
cational agency to develop a model form to assist
parents in filing a complaint in accordance with
paragraph (7).
‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—The
notice required by subsection (b)(3) shall include—
‘‘(1) a description of the action proposed or re-
fused by the agency;
‘‘(2) an explanation of why the agency proposes
or refuses to take the action;
‘‘(3) a description of any other options that the
agency considered and the reasons why those options
were rejected;
‘‘(4) a description of each evaluation procedure,
test, record, or report the agency used as a basis for
the proposed or refused action;
‘‘(5) a description of any other factors that are
relevant to the agency’s proposal or refusal; and
128
‘‘(6) a statement that the parents of a child
with a disability have protection under the proce-
dural safeguards of this title and, if this notice is
not an initial referral for evaluation, the means by
which a copy of a description of the procedural safe-
guards can be obtained.
‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.—
‘‘(1) IN GENERAL.—A copy of the procedural
safeguards available to the parents of a child with
a disability shall be given to the parents, at a mini-
mum—
‘‘(A) upon initial referral for evaluation;
‘‘(B) upon each notification of an individ-
ualized education program meeting and upon
reevaluation of the child; and
‘‘(C) upon registration of a complaint
under subsection (b)(6).
‘‘(2) CONTENTS.—The procedural safeguards
notice shall include a full explanation of the proce-
dural safeguards written in the native language of
the parents, unless not feasible to do so, and written
in an easily understandable manner, available under
this section and under regulations promulgated by
the Secretary relating to—
‘‘(A) independent educational evaluation;
129
‘‘(B) prior written notice;
‘‘(C) parental consent;
‘‘(D) access to educational records;
‘‘(E) opportunity to present complaints;
‘‘(F) the child’s placement during pend-
ency of due process proceedings;
‘‘(G) procedures for students who are sub-
ject to placement in an interim alternative edu-
cational setting;
‘‘(H) requirements for unilateral placement
by parents of children in private schools at pub-
lic expense;
‘‘(I) mediation;
‘‘(J) due process hearings, including re-
quirements for disclosure of evaluation results
and recommendations;
‘‘(K) State-level appeals (if applicable in
that State);
‘‘(L) civil actions; and
‘‘(M) attorney’s fees.
‘‘(e) MEDIATION.—
‘‘(1) IN
GENERAL.—Any State educational
agency or local educational agency that receives as-
sistance under this part shall ensure that procedures
are established and implemented to allow parties to
130
disputes involving the provision of free appropriate
public education to children with disabilities by any
such State educational agency or local educational
agency to resolve such disputes through a mediation
process.
‘‘(2) REQUIREMENTS.—Such procedures shall
meet the following requirements:
‘‘(A) The procedures shall ensure that the
mediation process—
‘‘(i) is voluntary on the part of the
parents and may be terminated by either
party after a good faith effort has been
made by the party terminating the medi-
ation process; and
‘‘(ii) is conducted by a qualified and
impartial mediator who is trained in effec-
tive mediation techniques.
‘‘(B) The State shall maintain a list of in-
dividuals who are qualified mediators and
knowledgeable in laws and regulations relating
to the provision of special education and related
services.
‘‘(C) The State shall bear the cost of the
mediation process.
131
‘‘(D) Each session in the mediation process
shall be scheduled in a timely manner and shall
be held in a location that is convenient to the
parties to the dispute.
‘‘(E) An agreement reached by the parties
to the dispute in the mediation process shall be
set forth in a written mediation agreement.
‘‘(F) Discussions that occur during the
mediation process shall be confidential and may
not be used as evidence in any subsequent due
process hearings or civil proceedings, and the
parties to the mediation process may be re-
quired to sign a confidentiality pledge prior to
the commencement of such process.
‘‘(G) The State shall determine whether or
not attorneys may attend or otherwise partici-
pate in the mediation process after offering the
opportunity for parents and representatives of
school districts to participate in the mediation
process prior to any due process filing without
attorneys present.
‘‘(f) IMPARTIAL DUE PROCESS HEARING.—
132
‘‘(1) IN GENERAL.—Whenever a complaint has
been received under section 614(d)(3)(B), or sub-
section (b)(6) or (k) of this section, the parents in-
volved in such complaint shall have an opportunity
for an impartial due process hearing which shall be
conducted by the State educational agency or by the
local educational agency, as determined by State law
or by the State educational agency.
‘‘(2) DISCLOSURE OF EVALUATIONS AND REC-
OMMENDATIONS.—
‘‘(A) IN
GENERAL.—At least 10 school
days prior to a hearing conducted pursuant to
paragraph (1), each party shall disclose to all
other parties all evaluations and recommenda-
tions based on the offering party’s evaluations
which the party intends to use at the hearing.
‘‘(B) PROHIBITION.—Any party which fails
to meet the requirement of subparagraph (A)
shall be barred from introducing such evalua-
tions and recommendations at such hearing.
‘‘(3) LIMITATION ON CONDUCT OF HEARING.—
A hearing conducted pursuant to paragraph (1) may
not be conducted by an employee of the State edu-
cational agency or the local educational agency in-
volved in the education or care of the child.
133
‘‘(4) ADDITIONAL
REQUIREMENTS
WITH
RE-
SPECT TO HEARINGS FOR CERTAIN CHILDREN WITH
DISABILITIES.—A hearing conducted pursuant to
paragraph (1) that is based upon a complaint re-
ceived under section 614(d)(3)(B) shall, in addition
to the requirements contained in this subsection,
comply with the following additional requirements:
‘‘(A) In determining whether or not the de-
cision by the IEP Team to change the place-
ment of the child is justified and appropriate,
the hearing officer shall, at a minimum, review
the information under clause (iii) of such
section.
‘‘(B) The child shall remain in the current
educational placement of the child until the
hearing officer reaches a final decision under
this subsection.
‘‘(C) The hearing officer shall make a de-
termination of findings and reach a final deci-
sion not later than 20 days after the first day
of the hearing, or, at the discretion of the hear-
ing officer, not later than 30 days after such
first day of the hearing.
134
‘‘(D) The placement of the child, including
the placement of the child during any due proc-
ess or judicial proceeding, shall be determined
in accordance with the final decision of the
hearing officer under this subsection, unless the
parents and the State or local educational agen-
cy agree otherwise.
‘‘(g) APPEAL.—If the hearing required by subsection
(f) is conducted by a local educational agency, any party
aggrieved by the findings and decision rendered in such
a hearing may appeal such findings and decision to the
State educational agency. Such agency shall conduct an
impartial review of such decision. The officer conducting
such review shall make an independent decision upon com-
pletion of such review.
‘‘(h) SAFEGUARDS.—Any party to a hearing con-
ducted pursuant to subsection (f), or an appeal conducted
pursuant to subsection (g), shall be accorded—
‘‘(1) the right to be accompanied and advised
by counsel and by individuals with special knowledge
or training with respect to the problems of children
with disabilities;
‘‘(2) the right to present evidence and confront,
cross-examine, and compel the attendance of wit-
nesses;
135
‘‘(3) the right to a written, or, at the option of
the parents, electronic verbatim record of such hear-
ing; and
‘‘(4) the right to written, or, at the option of
the parents, electronic findings of fact and decisions
(which findings and decisions shall be made available
to the public consistent with the requirements of sec-
tion 617(c) (relating to the confidentiality of data,
information, and records) and shall also be transmit-
ted to the advisory panel established pursuant to
section 612(a)(18)).
‘‘(i) ADMINISTRATIVE PROCEDURES.—
‘‘(1) IN GENERAL.—A decision made in a hear-
ing conducted pursuant to subsection (f) shall be
final, except that any party involved in such hearing
may appeal such decision under the provisions of
subsection (g) and paragraph (2) of this subsection.
‘‘(2) RIGHT TO BRING CIVIL ACTION.—
‘‘(A) IN GENERAL.—Any party aggrieved
by the findings and decision made under sub-
section (f) who does not have the right to an
appeal under subsection (g), and any party ag-
grieved by the findings and decision under this
subsection, shall have the right to bring a civil
action with respect to the complaint presented
136
pursuant to this section, which action may be
brought in any State court of competent juris-
diction or in a district court of the United
States without regard to the amount in con-
troversy.
‘‘(B) 
ADDITIONAL
REQUIREMENTS.—In
any action brought under this paragraph the
court—
‘‘(i) shall receive the records of the
administrative proceedings;
‘‘(ii) shall hear additional evidence at
the request of a party; and
‘‘(iii) basing its decision on the pre-
ponderance of the evidence, shall grant
such relief as the court determines is ap-
propriate.
‘‘(3) JURISDICTION OF DISTRICT COURTS; AT-
TORNEYS’ FEES.—
‘‘(A) IN GENERAL.—The district courts of
the United States shall have jurisdiction of ac-
tions brought under this section without regard
to the amount in controversy.
‘‘(B) AWARD
OF
ATTORNEYS’ FEES.—In
any action or proceeding brought under this
section, the court, in its discretion, may award
137
reasonable attorneys’ fees as part of the costs
to the parents of a child or youth with a disabil-
ity who is the prevailing party.
‘‘(C) DETERMINATION OF AMOUNT OF AT-
TORNEYS’ FEES.—Fees awarded under this
paragraph shall be based on rates prevailing in
the community in which the action or proceed-
ing arose for the kind and quality of services
furnished. No bonus or multiplier may be used
in calculating the fees awarded under this sub-
section.
‘‘(D) PROHIBITION OF ATTORNEYS’ FEES
AND
RELATED
COSTS
FOR
CERTAIN
SERV-
ICES.—(i) Attorneys’ fees may not be awarded
and related costs may not be reimbursed in any
action or proceeding under this subsection for
services performed subsequent to the time of a
written offer of settlement to a parent if—
‘‘(I) the offer is made within the time
prescribed by Rule 68 of the Federal Rules
of Civil Procedure or, in the case of an ad-
ministrative proceeding, at any time more
than ten days before the proceeding begins;
‘‘(II) the offer is not accepted within
10 days; and
138
‘‘(III) the court or administrative
hearing officer finds that the relief finally
obtained by the parents is not more favor-
able to the parents than the offer of settle-
ment.
‘‘(ii) Attorneys’ fees may not be awarded
relating to any meeting of the IEP Team unless
such meeting is convened as a result of a judi-
cial action or proceeding.
‘‘(E) EXCEPTION TO PROHIBITION ON AT-
TORNEYS’ FEES
AND
RELATED
COSTS.—Not-
withstanding subparagraph (D), an award of
attorneys’ fees and related costs may be made
to a parent who is the prevailing party and who
was substantially justified in rejecting the set-
tlement offer.
‘‘(F) REDUCTION IN AMOUNT OF ATTOR-
NEYS’ FEES.—Except as provided in subpara-
graph (G), whenever the court finds that—
‘‘(i) the parent, during the course of
the action or proceeding, unreasonably pro-
tracted the final resolution of the con-
troversy;
139
‘‘(ii) the amount of the attorneys’ fees
otherwise authorized to be awarded unrea-
sonably exceeds the hourly rate prevailing
in the community for similar services by
attorneys of reasonably comparable skill
and experience;
‘‘(iii) the time spent and legal services
furnished were excessive considering the
nature of the action or proceeding;
‘‘(iv) the attorney representing the
parent did not provide to the school dis-
trict the appropriate information in the
due process complaint in accordance with
subsection (b)(7); or
‘‘(v) the amount of attorneys’ fees re-
quested is not consistent with the extent of
the success of the parents;
the court shall reduce, accordingly, the amount
of the attorneys’ fees awarded under this sub-
section.
‘‘(G) 
EXCEPTION
TO
REDUCTION
IN
AMOUNT
OF
ATTORNEYS’ FEES.—The provi-
sions of subparagraph (F) shall not apply in
any action or proceeding if the court finds that
140
the State or local educational agency unreason-
ably protracted the final resolution of the action
or proceeding or there was a violation of this
section.
‘‘(j) MAINTENANCE
OF
CURRENT
EDUCATIONAL
PLACEMENT.—Except as provided in subsection (k), dur-
ing the pendency of any proceedings conducted pursuant
to this section, unless the State or local educational agency
and the parents otherwise agree, the child shall remain
in the then current educational placement of such child,
or, if applying for initial admission to a public school,
shall, with the consent of the parents, be placed in the
public school program until all such proceedings have been
completed.
‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL
SETTING.—
‘‘(1) AUTHORITY
OF
SCHOOL
PERSONNEL.—
School personnel under this section may, to the
same extent as a court, order a change in the place-
ment of a child with a disability—
‘‘(A) to an appropriate interim alternative
educational setting, another setting, or suspen-
sion, for not more than 10 school days (to the
extent such alternatives would be applied to
children without disabilities); and
141
‘‘(B) to an appropriate interim alternative
educational setting for the same amount of time
that a child without a disability would be sub-
ject to discipline, but for not more than an ad-
ditional 45 school days if—
‘‘(i) the child carries a weapon to
school or to a school function under the ju-
risdiction of a State or a local educational
agency;
‘‘(ii) the child possesses or uses illegal
drugs or sells or solicits the sale of medica-
tions or illegal drugs while at school or a
school function under the jurisdiction of a
State or local educational agency; or
‘‘(iii) the child causes serious injury
while at school or at a school function
under the jurisdiction of a State or a local
educational agency.
‘‘(2) AUTHORITY
OF
HEARING
OFFICER.—A
hearing officer under this section may, to the same
extent as a court, order a change in the placement
of a child with a disability to an appropriate interim
alternative educational setting for not more than 45
school days if—
142
‘‘(A) the maintenance of the current place-
ment of such child is substantially likely to re-
sult in injury to the child or to others; and
‘‘(B) the hearing officer—
‘‘(i) determines that the public agency
has demonstrated by substantial evidence
that the requirement of subparagraph (A)
has been met;
‘‘(ii) considers the appropriateness of
the child’s current placement; and
‘‘(iii) considers whether the public
agency has made reasonable efforts to min-
imize the risk of harm including the use of
supplementary aids and services.
‘‘(3) DETERMINATION OF SETTING.—The alter-
native educational setting described in paragraph (1)
or paragraph (2) shall be determined by the individ-
ualized education program team.
‘‘(4) MANIFESTATION
DETERMINATION
RE-
VIEW.—
‘‘(A) IN GENERAL.—If a change in place-
ment or disciplinary proceeding, including ex-
pulsion, is contemplated as a result of an action
described in paragraph (1) or paragraph (2)—
143
‘‘(i) not later than 3 school days after
the date on which such action has been
taken the parents shall be notified of such
action; and
‘‘(ii) not later than 15 school days
after the date on which such action has
been taken a review shall be conducted of
the relationship between the child’s disabil-
ity and the behavior described in para-
graph (1).
‘‘(B) INDIVIDUALS
TO
CARRY
OUT
RE-
VIEW.—A review described in subparagraph (A)
shall be conducted by the IEP Team and other
qualified personnel.
‘‘(C) CONDUCT OF REVIEW.—
‘‘(i) IN GENERAL.—In carrying out a
review described in subparagraph (A), the
individuals described in subparagraph (B)
shall consider appropriate factors, includ-
ing—
‘‘(I) the appropriateness of the
child’s placement;
‘‘(II) the consistency of the im-
plementation of the child’s entire IEP,