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‘‘(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 address
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 document the
following:
‘‘(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.
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‘‘(II) Documentation of the efforts
made to address the behavior of the
child, the use of supplementary services
or strategies (including the use of be-
havior management plans) that have
been implemented over a reasonable pe-
riod 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 impair-
ing the education of the child, the edu-
cation of the classmates of the child,
and the ability of the teacher of the
child to teach.
‘‘(III) The training made avail-
able to the teacher or teachers of the
child.
‘‘(iv) EXPEDITED DUE PROCESS HEAR-
ING.—If the IEP Team determines that a
change in placement of the child is appro-
priate, and the parents of the child disagree
with such determination, then either party
may request an expedited due process hear-
ing in accordance with section 615(f)(2).
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‘‘(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.
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed—
‘‘(A) to decrease the amount of information
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 members
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of any group that makes decisions on the educational place-
ment of their child.
‘‘SEC. 615. PROCEDURAL SAFEGUARDS.
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State
educational agency or local educational agency that receives
assistance under this part shall establish and maintain pro-
cedures in accordance with this section to assure that chil-
dren with disabilities and their parents are guaranteed pro-
cedural safeguards with respect to the provision of free ap-
propriate 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
such child and to participate in meetings with respect
to the identification, evaluation, and educational
placement of the child, and the provision of a free ap-
propriate public education to such child, and to ob-
tain 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 par-
ents, or the child is a ward of the State, including the
assignment of an individual (who shall not be an em-
119
ployee of the State educational agency, the local edu-
cational agency, or any other agency that is involved
in the education or care of the child) to act as a sur-
rogate for the parents;
‘‘(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;
‘‘(4) procedures designed to assure that the notice
required by paragraph (3) is in the native language
of the parents, unless it clearly is not feasible to do
so;
‘‘(5) an opportunity for mediation in accordance
with subsection (e);
‘‘(6) an opportunity to present complaints with
respect to any matter relating to the identification,
evaluation, or educational placement of the child, or
the provision of a free appropriate public education
to such child;
‘‘(7) procedures that require the parent of a child
with a disability, or the attorney representing the
120
child, to provide notice (which shall remain confiden-
tial)—
‘‘(A) to the State educational agency or
local educational agency, as the case may be, in
the complaint filed under paragraph (6); and
‘‘(B) that shall include—
‘‘(i) the name of the child, the address
of the residence of the child, and the name
of the school at which the child is attending;
‘‘(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 par-
ents in filing a complaint in accordance with para-
graph (7).
‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—The no-
tice 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;
127
cer, not later than 30 days after such first day
of the hearing.
‘‘(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 agency 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 impar-
tial review of such decision. The officer conducting such re-
view shall make an independent decision upon completion
of such review.
‘‘(h) SAFEGUARDS.—Any party to a hearing conducted
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;