C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart D—Preschool, Elementary, and Secondary Education

34 C.F.R. § 104.36

Procedural safeguards

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A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement.

[45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000]
Notes of Decisions
Cited in 57 cases (9 in the last 5 years), 1981–2026 · leading case: Power Ex Rel. Power v. Sch. Bd. of the City of Virginia Beach, 276 F. Supp. 2d 515 (E.D. Va. 2003).
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Power Ex Rel. Power v. Sch. Bd. of the City of Virginia Beach, 276 F. Supp. 2d 515 (E.D. Va. 2003). · cites it 7× “36 provides: A recipient that operates a public elementary program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special…”
Georgia State Conf. of Branches of Naacp, Mary Alice Covin, Mary Laurant, Sylvia Dennis, & Naomi Tucker v. State of Georgia, 775 F.2d 1403 (11th Cir. 1985). · cites it 2× “See 34 C.F.R. § 104.36 . The appraisal of the child’s eligibility must be based on validated tests and other material tailored to assess specific areas of educational need, see 34 C.”
Mark H. Ex Rel. Michelle H. v. Lemahieu, 513 F.3d 922 (9th Cir. 2008). “34 C.F.R. § 104.36 . Depending on the particular circumstances, testing and evaluation of a disabled child may be necessary to ensure "meaningful access” to an appropriate education, as might notice to a child’s parents of the educational plan for that child.”
P.P. v. Compton Unified Sch. Dist., 135 F. Supp. 3d 1098 (C.D. Cal. 2015). · cites it 5× “32 ; (3) violation of Department of Education regulations regarding “procedural safeguards,” 34 C.F.R. § 104.36 ; (4) violation of Department of Education regulations regarding “free appropriate public education,” 34 .”
Est. of Lance v. Lewisville Indep. Sch. Dist., 743 F.3d 982 (5th Cir. 2014). “33 (b)(2); 34 C.F.R. § 104.36 ; Seth M. Galanter, Dear Colleague Letter, n.”
Georgia Ass'n of Retarded Citizens, Cross v. Dr. Charles McDaniel Etc., Cross-Appellees, 716 F.2d 1565 (11th Cir. 1983). · cites it 2× “See 34 CFR Part 104.36 (1982). Also see Patsel, 530 F.”
Lyons Ex Rel. Alexander v. Smith, 829 F. Supp. 414 (D.D.C. 1993). · cites it 2× “34 C.F.R. § 104.36 . Compliance with the procedures delineated in the IDEA is one means of complying with this requirement under § 504.”
Pace v. Bogalusa City Sch. Bd., 403 F.3d 272 (5th Cir. 2005). · cites it 2× “35 ), procedural requirements ( 34 C.F.R. § 104.36 ) and the general FAPE requirement ( 34 C.”
P.P. v. Compton Unified Sch. Dist., 135 F. Supp. 3d 1126 (C.D. Cal. 2015). · cites it 2× “32 ; (3) violation of Department of Education regulations regarding “procedural safeguards,” 34 C.F.R. § 104.36 ; (4) violation of Department of Education regulations regarding “free appropriate public education,” 34 C.”
A.M. ex rel. J.M. v. NYC Dep't of Educ., 840 F. Supp. 2d 660 (E.D.N.Y 2012). “34 C.F.R. § 104.36 . The extent of Section 504’s procedural guidance is located in its federal implementing regulations, which mandate the establishment of: *685 [A] system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to…”
Calhoun v. Illinois State Bd. of Educ., Etc., 550 F. Supp. 796 (N.D. Ill. 1982). · cites it 3× “61 ) and state ( 34 C.F.R. § 104.36 , formerly 45 C.F.R. § 84.”
E.M. b/n/f Guerra v. San Benito Consol. Indep. Sch. Dist., 374 F. Supp. 3d 616 (S.D. Tex. 2019). · cites it 2× “" 34 C.F.R. § 104.36 . Viewed in the light most favorable to Plaintiff, the video could contain information relating to the identification, evaluation, or educational placement of special education services for E.”
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