Page:United States Statutes at Large Volume 118.djvu/2749

 118 STAT. 2719 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(1) IN GENERAL.— ‘‘(A) COPY TO PARENTS.—A copy of the procedural safe guards available to the parents of a child with a disability shall be given to the parents only 1 time a year, except that a copy also shall be given to the parents— ‘‘(i) upon initial referral or parental request for evaluation; ‘‘(ii) upon the first occurrence of the filing of a complaint under subsection (b)(6); and ‘‘(iii) upon request by a parent. ‘‘(B) INTERNET WEBSITE.—A local educational agency may place a current copy of the procedural safeguards notice on its Internet website if such website exists. ‘‘(2) CONTENTS.—The procedural safeguards notice shall include a full explanation of the procedural safeguards, written in the native language of the parents (unless it clearly is 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; ‘‘(B) prior written notice; ‘‘(C) parental consent; ‘‘(D) access to educational records; ‘‘(E) the opportunity to present and resolve complaints, including— ‘‘(i) the time period in which to make a complaint; ‘‘(ii) the opportunity for the agency to resolve the complaint; and ‘‘(iii) the availability of mediation; ‘‘(F) the child’s placement during pendency of due process proceedings; ‘‘(G) procedures for students who are subject to place ment in an interim alternative educational setting; ‘‘(H) requirements for unilateral placement by parents of children in private schools at public expense; ‘‘(I) due process hearings, including requirements for disclosure of evaluation results and recommendations; ‘‘(J) State level appeals (if applicable in that State); ‘‘(K) civil actions, including the time period in which to file such actions; and ‘‘(L) attorneys’ fees. ‘‘(e) MEDIATION.— ‘‘(1) IN GENERAL.—Any State educational agency or local educational agency that receives assistance under this part shall ensure that procedures are established and implemented to allow parties to disputes involving any matter, including matters arising prior to the filing of a complaint pursuant to subsection (b)(6), to resolve such disputes through a medi ation process. ‘‘(2) REQUIREMENTS.—Such procedures shall meet the fol lowing requirements: ‘‘(A) The procedures shall ensure that the mediation process— ‘‘(i) is voluntary on the part of the parties; ‘‘(ii) is not used to deny or delay a parent’s right to a due process hearing under subsection (f), or to deny any other rights afforded under this part; and

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