Page:United States Statutes at Large Volume 111 Part 1.djvu/112

 Ill STAT. 88 PUBLIC LAW 105-17^JUNE 4, 1997 "(e) CONSTRUCTION. —Nothing in this section shall be construed to require the lEP Team to include information under one component of a child's IE? that is already contained under another component of such lEP. "(f) EDUCATIONAL PLACEMENTS. —Each local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child. 20 USC 1415. «SEC. 615. PROCEDURAL SAFEGUARDS. " (a) ESTABLISHMENT OF PROCEDURES.—Any State educational agency, State agency, or local educational agency that receives assistance under this part shall establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of free appropriate public education by such agencies. "(b) TYPES OF PROCEDURES. — The procedures required 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 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 Imown, 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 educational 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 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 placement of the child, in accordance with subsection (c), or the provision of a free appropriate public education to the child; "(4) procedures designed to ensure 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 child, to provide notice (which shall remain confidential)— "(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—

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