34 CFR 300.502.pdf

Public agencies must ensure parent involvement in placement decisions for children with disabilities, using procedures consistent with § 300.322(a) through (b)(1). Parents have the right to an independent educational evaluation of their child, subject to certain conditions. The public agency must provide information on where to obtain an independent evaluation and the agency's criteria for such evaluations. A parent is entitled to one independent evaluation at public expense each time the agency conducts an evaluation with which the parent disagrees. The public agency must consider the results of an independent evaluation in decisions regarding the provision of a free appropriate public education (FAPE) to the child. The agency must also provide prior written notice to parents before proposing or refusing to initiate or change the identification, evaluation, or educational placement of a child, including a description of the action, explanation, and evaluation procedures used. The notice must be in understandable language and provided in the parent's native language or mode of communication.