C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart E—Procedural Safeguards Due Process Procedures for Parents and Children

34 C.F.R. § 300.535

Referral to and action by law enforcement and judicial authorities

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(a) Rule of construction. Nothing in this part prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

(b) Transmittal of records. (1) An agency reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.

(2) An agency reporting a crime under this section may transmit copies of the child's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

(Authority: 20 U.S.C. 1415(k)(6))
Notes of Decisions
Cited in 5 cases, 2003–2007 · leading case: Parent V.S., on Behalf of Student A.O. v. Los Gatos-Saratoga Jt. Union High Sch. Dist., 484 F.3d 1230 (9th Cir. 2007).
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Parent V.S., on Behalf of Student A.O. v. Los Gatos-Saratoga Jt. Union High Sch. Dist., 484 F.3d 1230 (9th Cir. 2007). · cites it 4× “See 34 C.F.R. § 300.535 (b) (“If a determination is made that a child has a disability and needs special education and related services, an IEP [individualized education program] must be developed for the child in accordance with §§ 300.”
Bd. of Educ. of Frederick Cnty. v. I.S. Ex Rel. Summers, 325 F. Supp. 2d 565 (D. Maryland 2004). · cites it 2× “The intended section, 34 C.F.R. § 300.535 (a), requires FCPS, in interpreting evaluation data for the purpose of determining IS’ educational needs, to “(1) [d]raw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher…”
Elida Local Sch. Dist. Bd. of Educ. v. Erickson, 252 F. Supp. 2d 476 (N.D. Ohio 2003). “34 C.F.R. § 300.535 provides: (a) In interpreting evaluation data for the purpose of determining if a child is a child with a disability under § 300.”
Parent V.S. v. Los Gatos-Saratoga (9th Cir. 2007). · cites it 4× “See 34 C.F.R. § 300.535 (b) (“If a determination is made that a child has a disability and needs special education and related services, an IEP [individualized education program] must be developed for the child in accordance with §§ 300.”
Greenland Sch. Dist. v. N., 2003 DNH 043 (D.N.H. 2003). “34 C.F.R. § 300.535 (a)(1); N.H. Code. Admin.”
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