20 U.S.C. § 1414 — Evaluations, eligibility determinations, in-

Page 962 TITLE 20—EDUCATION § 1414 by Secretary, and participation of children with dis- abilities enrolled in private schools, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 105–17. AMENDMENTS 2015—Subsec. (a)(3). Pub. L. 114–95 substituted ‘‘sub- ject to the requirements of section 1412(a)(14) of this title and section 2102(b) of the Elementary and Sec- ondary Education Act of 1965’’ for ‘‘subject to the re- quirements of section 1412(a)(14) of this title and sec- tion 2122 of the Elementary and Secondary Education Act of 1965’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 1414. Evaluations, eligibility determinations, in- dividualized education programs, and edu- cational placements (a) Evaluations, parental consent, and reevalua- tions (1) Initial evaluations (A) In general A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evalua- tion in accordance with this paragraph and subsection (b), before the initial provision of special education and related services to a child with a disability under this sub- chapter. (B) Request for initial evaluation Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local edu- cational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. (C) Procedures (i) In general Such initial evaluation shall consist of procedures— (I) to determine whether a child is a child with a disability (as defined in 1401 of this title) within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe; and (II) to determine the educational needs of such child. (ii) Exception The relevant timeframe in clause (i)(I) shall not apply to a local educational agency if— (I) a child enrolls in a school served by the local educational agency after the relevant timeframe in clause (i)(I) has begun and prior to a determination by the child’s previous local educational agency as to whether the child is a child with a disability (as defined in section 1401 of this title), but only if the subse- quent local educational agency is mak- ing sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent local edu- cational agency agree to a specific time when the evaluation will be completed; or (II) the parent of a child repeatedly fails or refuses to produce the child for the evaluation. (D) Parental consent (i) In general (I) Consent for initial evaluation The agency proposing to conduct an initial evaluation to determine if the child qualifies as a child with a dis- ability as defined in section 1401 of this title shall obtain informed consent from the parent of such child before con- ducting the evaluation. Parental consent for evaluation shall not be construed as consent for placement for receipt of spe- cial education and related services. (II) Consent for services An agency that is responsible for mak- ing a free appropriate public education available to a child with a disability under this subchapter shall seek to ob- tain informed consent from the parent of such child before providing special edu- cation and related services to the child. (ii) Absence of consent (I) For initial evaluation If the parent of such child does not provide consent for an initial evaluation under clause (i)(I), or the parent fails to respond to a request to provide the con- sent, the local educational agency may pursue the initial evaluation of the child by utilizing the procedures described in section 1415 of this title, except to the extent inconsistent with State law relat- ing to such parental consent. (II) For services If the parent of such child refuses to consent to services under clause (i)(II), the local educational agency shall not provide special education and related services to the child by utilizing the pro- cedures described in section 1415 of this title. (III) Effect on agency obligations If the parent of such child refuses to consent to the receipt of special edu- cation and related services, or the parent fails to respond to a request to provide such consent— (aa) the local educational agency shall not be considered to be in viola- tion of the requirement to make avail- able a free appropriate public edu- cation to the child for the failure to provide such child with the special education and related services for which the local educational agency re- quests such consent; and Page 963 TITLE 20—EDUCATION § 1414 (bb) the local educational agency shall not be required to convene an IEP meeting or develop an IEP under this section for the child for the spe- cial education and related services for which the local educational agency re- quests such consent. (iii) Consent for wards of the State (I) In general If the child is a ward of the State and is not residing with the child’s parent, the agency shall make reasonable efforts to obtain the informed consent from the parent (as defined in section 1401 of this title) of the child for an initial evalua- tion to determine whether the child is a child with a disability. (II) Exception The agency shall not be required to ob- tain informed consent from the parent of a child for an initial evaluation to deter- mine whether the child is a child with a disability if— (aa) despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child; (bb) the rights of the parents of the child have been terminated in accord- ance with State law; or (cc) the rights of the parent to make educational decisions have been sub- rogated by a judge in accordance with State law and consent for an initial evaluation has been given by an indi- vidual appointed by the judge to rep- resent the child. (E) Rule of construction The screening of a student by a teacher or specialist to determine appropriate instruc- tional strategies for curriculum implemen- tation shall not be considered to be an eval- uation for eligibility for special education and related services. (2) Reevaluations (A) In general A local educational agency shall ensure that a reevaluation of each child with a dis- ability is conducted in accordance with sub- sections (b) and (c)— (i) if the local educational agency deter- mines that the educational or related serv- ices needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or (ii) if the child’s parents or teacher re- quests a reevaluation. (B) Limitation A reevaluation conducted under subpara- graph (A) shall occur— (i) not more frequently than once a year, unless the parent and the local edu- cational agency agree otherwise; and (ii) at least once every 3 years, unless the parent and the local educational agen- cy agree that a reevaluation is unneces- sary. (b) Evaluation procedures (1) Notice The local educational agency shall provide notice to the parents of a child with a dis- ability, in accordance with subsections (b)(3), (b)(4), and (c) of section 1415 of this title, that describes any evaluation procedures such agency proposes to conduct. (2) Conduct of evaluation In conducting the evaluation, the local edu- cational agency shall— (A) use a variety of assessment tools and strategies to gather relevant functional, de- velopmental, and academic information, in- cluding information provided by the parent, that may assist in determining— (i) whether the child is a child with a dis- ability; and (ii) the content of the child’s individual- ized education program, including infor- mation related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate ac- tivities; (B) not use any single measure or assess- ment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and (C) use technically sound instruments that may assess the relative contribution of cog- nitive and behavioral factors, in addition to physical or developmental factors. (3) Additional requirements Each local educational agency shall ensure that— (A) assessments and other evaluation ma- terials used to assess a child under this sec- tion— (i) are selected and administered so as not to be discriminatory on a racial or cul- tural basis; (ii) are provided and administered in the language and form most likely to yield ac- curate information on what the child knows and can do academically, develop- mentally, and functionally, unless it is not feasible to so provide or administer; (iii) are used for purposes for which the assessments or measures are valid and re- liable; (iv) are administered by trained and knowledgeable personnel; and (v) are administered in accordance with any instructions provided by the producer of such assessments; (B) the child is assessed in all areas of sus- pected disability; (C) assessment tools and strategies that provide relevant information that directly assists persons in determining the edu- cational needs of the child are provided; and (D) assessments of children with disabil- ities who transfer from 1 school district to another school district in the same academic year are coordinated with such children’s prior and subsequent schools, as necessary Page 964 TITLE 20—EDUCATION § 1414 and as expeditiously as possible, to ensure prompt completion of full evaluations. (4) Determination of eligibility and educational need Upon completion of the administration of assessments and other evaluation measures— (A) the determination of whether the child is a child with a disability as defined in sec- tion 1401(3) of this title and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and (B) a copy of the evaluation report and the documentation of determination of eligi- bility shall be given to the parent. (5) Special rule for eligibility determination In making a determination of eligibility under paragraph (4)(A), a child shall not be de- termined to be a child with a disability if the determinant factor for such determination is— (A) lack of appropriate instruction in read- ing, including in the essential components of reading instruction (as defined in section 6368(3) of this title, as such section was in ef- fect on the day before December 10, 2015); (B) lack of instruction in math; or (C) limited English proficiency. (6) Specific learning disabilities (A) In general Notwithstanding section 1406(b) of this title, when determining whether a child has a specific learning disability as defined in section 1401 of this title, a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intel- lectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, math- ematical calculation, or mathematical rea- soning. (B) Additional authority In determining whether a child has a spe- cific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research- based intervention as a part of the evalua- tion procedures described in paragraphs (2) and (3). (c) Additional requirements for evaluation and reevaluations (1) Review of existing evaluation data As part of an initial evaluation (if appro- priate) and as part of any reevaluation under this section, the IEP Team and other qualified professionals, as appropriate, shall— (A) review existing evaluation data on the child, including— (i) evaluations and information provided by the parents of the child; (ii) current classroom-based, local, or State assessments, and classroom-based observations; and (iii) observations by teachers and related services providers; and (B) on the basis of that review, and input from the child’s parents, identify what addi- tional data, if any, are needed to deter- mine— (i) whether the child is a child with a dis- ability as defined in section 1401(3) of this title, and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs; (ii) the present levels of academic achievement and related developmental needs of the child; (iii) whether the child needs special edu- cation and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and (iv) whether any additions or modifica- tions to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appro- priate, in the general education cur- riculum. (2) Source of data The local educational agency shall admin- ister such assessments and other evaluation measures as may be needed to produce the data identified by the IEP Team under para- graph (1)(B). (3) Parental consent Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(D), prior to conducting any reevaluation of a child with a disability, ex- cept that such informed parental consent need not be obtained if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the child’s parent has failed to respond. (4) Requirements if additional data are not needed If the IEP Team and other qualified profes- sionals, as appropriate, determine that no ad- ditional data are needed to determine whether the child continues to be a child with a dis- ability and to determine the child’s edu- cational needs, the local educational agency— (A) shall notify the child’s parents of— (i) that determination and the reasons for the determination; and (ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a dis- ability and to determine the child’s edu- cational needs; and (B) shall not be required to conduct such an assessment unless requested to by the child’s parents. (5) Evaluations before change in eligibility (A) In general Except as provided in subparagraph (B), a local educational agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability. Page 965 TITLE 20—EDUCATION § 1414 (B) Exception (i) In general The evaluation described in subpara- graph (A) shall not be required before the termination of a child’s eligibility under this subchapter due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under State law. (ii) Summary of performance For a child whose eligibility under this subchapter terminates under cir- cumstances described in clause (i), a local educational agency shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. (d) Individualized education programs (1) Definitions In this chapter: (A) Individualized education program (i) In general The term ‘‘individualized education pro- gram’’ or ‘‘IEP’’ means a written state- ment for each child with a disability that is developed, reviewed, and revised in ac- cordance with this section and that in- cludes— (I) a statement of the child’s present levels of academic achievement and functional performance, including— (aa) how the child’s disability affects the child’s involvement and progress in the general education curriculum; (bb) for preschool children, as appro- priate, how the disability affects the child’s participation in appropriate ac- tivities; and (cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a de- scription of benchmarks or short-term objectives; (II) a statement of measurable annual goals, including academic and functional goals, designed to— (aa) meet the child’s needs that re- sult from the child’s disability to en- able the child to be involved in and make progress in the general edu- cation curriculum; and (bb) meet each of the child’s other educational needs that result from the child’s disability; (III) a description of how the child’s progress toward meeting the annual goals described in subclause (II) will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be pro- vided; (IV) a statement of the special edu- cation and related services and supple- mentary aids and services, based on peer- reviewed research to the extent prac- ticable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be pro- vided for the child— (aa) to advance appropriately toward attaining the annual goals; (bb) to be involved in and make progress in the general education cur- riculum in accordance with subclause (I) and to participate in extra- curricular and other nonacademic ac- tivities; and (cc) to be educated and participate with other children with disabilities and nondisabled children in the activi- ties described in this subparagraph; (V) an explanation of the extent, if any, to which the child will not partici- pate with nondisabled children in the regular class and in the activities de- scribed in subclause (IV)(cc); (VI)(aa) a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide as- sessments consistent with section 1412(a)(16)(A) of this title; and (bb) if the IEP Team determines that the child shall take an alternate assess- ment on a particular State or district- wide assessment of student achievement, a statement of why— (AA) the child cannot participate in the regular assessment; and (BB) the particular alternate assess- ment selected is appropriate for the child; (VII) the projected date for the begin- ning of the services and modifications described in subclause (IV), and the an- ticipated frequency, location, and dura- tion of those services and modifications; and (VIII) beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter— (aa) appropriate measurable postsec- ondary goals based upon age appro- priate transition assessments related to training, education, employment, and, where appropriate, independent living skills; (bb) the transition services (includ- ing courses of study) needed to assist the child in reaching those goals; and (cc) beginning not later than 1 year before the child reaches the age of ma- jority under State law, a statement that the child has been informed of the child’s rights under this chapter, if any, that will transfer to the child on reaching the age of majority under sec- tion 1415(m) of this title. Page 966 TITLE 20—EDUCATION § 1414 (ii) Rule of construction Nothing in this section shall be con- strued to require— (I) that additional information be in- cluded in a child’s IEP beyond what is explicitly required in this section; and (II) the IEP Team to include informa- tion under 1 component of a child’s IEP that is already contained under another component of such IEP. (B) Individualized education program team The term ‘‘individualized education pro- gram team’’ or ‘‘IEP Team’’ means a group of individuals composed of— (i) the parents of a child with a dis- ability; (ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular edu- cation environment); (iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child; (iv) a representative of the local edu- cational agency who— (I) is qualified to provide, or supervise the provision of, specially designed in- struction to meet the unique needs of children with disabilities; (II) is knowledgeable about the general education curriculum; and (III) is knowledgeable about the avail- ability of resources of the local edu- cational agency; (v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi); (vi) at the discretion of the parent or the agency, other individuals who have knowl- edge or special expertise regarding the child, including related services personnel as appropriate; and (vii) whenever appropriate, the child with a disability. (C) IEP Team attendance (i) Attendance not necessary A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because the mem- ber’s area of the curriculum or related services is not being modified or discussed in the meeting. (ii) Excusal A member of the IEP Team may be ex- cused from attending an IEP meeting, in whole or in part, when the meeting in- volves a modification to or discussion of the member’s area of the curriculum or re- lated services, if— (I) the parent and the local educational agency consent to the excusal; and (II) the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting. (iii) Written agreement and consent re- quired A parent’s agreement under clause (i) and consent under clause (ii) shall be in writing. (D) IEP Team transition In the case of a child who was previously served under subchapter III, an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the subchapter III service coordinator or other representatives of the subchapter III system to assist with the smooth transition of services. (2) Requirement that program be in effect (A) In general At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in the agency’s jurisdic- tion, an individualized education program, as defined in paragraph (1)(A). (B) Program for child aged 3 through 5 In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2-year-old child with a disability who will turn age 3 during the school year), the IEP Team shall consider the individualized family service plan that contains the material described in section 1436 of this title, and that is developed in ac- cordance with this section, and the individ- ualized family service plan may serve as the IEP of the child if using that plan as the IEP is— (i) consistent with State policy; and (ii) agreed to by the agency and the child’s parents. (C) Program for children who transfer school districts (i) In general (I) Transfer within the same State In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same State, the local educational agency shall provide such child with a free appropriate public edu- cation, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law. (II) Transfer outside State In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the local edu- cational agency shall provide such child Page 967 TITLE 20—EDUCATION § 1414 with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency conducts an evaluation pursuant to sub- section (a)(1), if determined to be nec- essary by such agency, and develops a new IEP, if appropriate, that is con- sistent with Federal and State law. (ii) Transmittal of records To facilitate the transition for a child described in clause (i)— (I) the new school in which the child enrolls shall take reasonable steps to promptly obtain the child’s records, in- cluding the IEP and supporting docu- ments and any other records relating to the provision of special education or re- lated services to the child, from the pre- vious school in which the child was en- rolled, pursuant to section 99.31(a)(2) of title 34, Code of Federal Regulations; and (II) the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such re- quest from the new school. (3) Development of IEP (A) In general In developing each child’s IEP, the IEP Team, subject to subparagraph (C), shall consider— (i) the strengths of the child; (ii) the concerns of the parents for en- hancing the education of their child; (iii) the results of the initial evaluation or most recent evaluation of the child; and (iv) the academic, developmental, and functional needs of the child. (B) Consideration of special factors The IEP Team shall— (i) in the case of a child whose behavior impedes the child’s learning or that of oth- ers, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior; (ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child’s IEP; (iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in Braille or the use of Braille), that instruc- tion in Braille or the use of Braille is not appropriate for the child; (iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communica- tions with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and (v) consider whether the child needs as- sistive technology devices and services. (C) Requirement with respect to regular edu- cation teacher A regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the devel- opment of the IEP of the child, including the determination of appropriate positive behav- ioral interventions and supports, and other strategies, and the determination of supple- mentary aids and services, program modi- fications, and support for school personnel consistent with paragraph (1)(A)(i)(IV). (D) Agreement In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the local educational agency may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child’s current IEP. (E) Consolidation of IEP Team meetings To the extent possible, the local edu- cational agency shall encourage the consoli- dation of reevaluation meetings for the child and other IEP Team meetings for the child. (F) Amendments Changes to the IEP may be made either by the entire IEP Team or, as provided in sub- paragraph (D), by amending the IEP rather than by redrafting the entire IEP. Upon re- quest, a parent shall be provided with a re- vised copy of the IEP with the amendments incorporated. (4) Review and revision of IEP (A) In general The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team— (i) reviews the child’s IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved; and (ii) revises the IEP as appropriate to ad- dress— (I) any lack of expected progress to- ward the annual goals and in the general education curriculum, where appro- priate; (II) the results of any reevaluation conducted under this section; (III) information about the child pro- vided to, or by, the parents, as described in subsection (c)(1)(B); (IV) the child’s anticipated needs; or (V) other matters. (B) Requirement with respect to regular edu- cation teacher A regular education teacher of the child, as a member of the IEP Team, shall, con- sistent with paragraph (1)(C), participate in the review and revision of the IEP of the child. Page 968 TITLE 20—EDUCATION § 1414 (5) Multi-year IEP demonstration (A) Pilot program (i) Purpose The purpose of this paragraph is to pro- vide an opportunity for States to allow parents and local educational agencies the opportunity for long-term planning by of- fering the option of developing a com- prehensive multi-year IEP, not to exceed 3 years, that is designed to coincide with the natural transition points for the child. (ii) Authorization In order to carry out the purpose of this paragraph, the Secretary is authorized to approve not more than 15 proposals from States to carry out the activity described in clause (i). (iii) Proposal (I) In general A State desiring to participate in the program under this paragraph shall sub- mit a proposal to the Secretary at such time and in such manner as the Sec- retary may reasonably require. (II) Content The proposal shall include— (aa) assurances that the development of a multi-year IEP under this para- graph is optional for parents; (bb) assurances that the parent is re- quired to provide informed consent be- fore a comprehensive multi-year IEP is developed; (cc) a list of required elements for each multi-year IEP, including— (AA) measurable goals pursuant to paragraph (1)(A)(i)(II), coinciding with natural transition points for the child, that will enable the child to be involved in and make progress in the general education curriculum and that will meet the child’s other needs that result from the child’s disability; and (BB) measurable annual goals for determining progress toward meet- ing the goals described in subitem (AA); and (dd) a description of the process for the review and revision of each multi- year IEP, including— (AA) a review by the IEP Team of the child’s multi-year IEP at each of the child’s natural transition points; (BB) in years other than a child’s natural transition points, an annual review of the child’s IEP to deter- mine the child’s current levels of progress and whether the annual goals for the child are being achieved, and a requirement to amend the IEP, as appropriate, to en- able the child to continue to meet the measurable goals set out in the IEP; (CC) if the IEP Team determines on the basis of a review that the child is not making sufficient progress toward the goals described in the multi-year IEP, a requirement that the local educational agency shall ensure that the IEP Team car- ries out a more thorough review of the IEP in accordance with para- graph (4) within 30 calendar days; and (DD) at the request of the parent, a requirement that the IEP Team shall conduct a review of the child’s multi- year IEP rather than or subsequent to an annual review. (B) Report Beginning 2 years after December 3, 2004, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate regarding the effectiveness of the program under this paragraph and any specific recommenda- tions for broader implementation of such program, including— (i) reducing— (I) the paperwork burden on teachers, principals, administrators, and related service providers; and (II) noninstructional time spent by teachers in complying with this sub- chapter; (ii) enhancing longer-term educational planning; (iii) improving positive outcomes for children with disabilities; (iv) promoting collaboration between IEP Team members; and (v) ensuring satisfaction of family mem- bers. (C) Definition In this paragraph, the term ‘‘natural tran- sition points’’ means those periods that are close in time to the transition of a child with a disability from preschool to elemen- tary grades, from elementary grades to mid- dle or junior high school grades, from middle or junior high school grades to secondary school grades, and from secondary school grades to post-secondary activities, but in no case a period longer than 3 years. (6) Failure to meet transition objectives If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in ac- cordance with paragraph (1)(A)(i)(VIII), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. (7) Children with disabilities in adult prisons (A) In general The following requirements shall not apply to children with disabilities who are convicted as adults under State law and in- carcerated in adult prisons: (i) The requirements contained in sec- tion 1412(a)(16) of this title and paragraph Page 969 TITLE 20—EDUCATION § 1415 1 So in original. Probably should be ‘‘section’’. 2 So in original. Probably should be capitalized. (1)(A)(i)(VI) (relating to participation of children with disabilities in general assess- ments). (ii) The requirements of items (aa) and (bb) of paragraph (1)(A)(i)(VIII) (relating to transition planning and transition serv- ices), do not apply with respect to such children whose eligibility under this sub- chapter will end, because of such chil- dren’s age, before such children will be re- leased from prison. (B) Additional requirement If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child’s IEP Team may modify the child’s IEP or placement not- withstanding the requirements of sections 1 1412(a)(5)(A) of this title and paragraph (1)(A) if the State has demonstrated a bona fide security or compelling penological in- terest that cannot otherwise be accommo- dated. (e) Educational placements Each local educational agency or State edu- cational 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. (f) Alternative means of meeting participation When conducting IEP team 2 meetings and placement meetings pursuant to this section, section 1415(e) of this title, and section 1415(f)(1)(B) of this title, and carrying out ad- ministrative matters under section 1415 of this title (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and a local educational agency may agree to use alternative means of meeting participation, such as video conferences and conference calls. (Pub. L. 91–230, title VI, § 614, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2702; amended Pub. L. 114–95, title IX, § 9215(ss)(5), Dec. 10, 2015, 129 Stat. 2182.) Editorial Notes REFERENCES IN TEXT Section 6368(3) of this title, as such section was in ef- fect on the day before December 10, 2015, referred to in subsec. (b)(5)(A), means section 6368(3) of this title prior to being omitted in the general amendment of part B of subchapter I of chapter 70 of this title by Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1879. PRIOR PROVISIONS A prior section 1414, Pub. L. 91–230, title VI, § 614, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 81, related to evaluations, eligibility determinations, individualized education programs, and educational placements, prior to the general amendment of sub- chapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1414, Pub. L. 91–230, title VI, § 614, Apr. 13, 1970, 84 Stat. 181; Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 784; Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100–630, title I, § 102(d), Nov. 7, 1988, 102 Stat. 3293; Pub. L. 101–476, title IX, § 901(b)(59)–(70), Oct. 30, 1990, 104 Stat. 1144, 1145; Pub. L. 102–119, §§ 6, 25(b), Oct. 7, 1991, 105 Stat. 591, 607, related to requisite features of an application, approval of ap- plication by State educational agency, consolidated ap- plications of local educational agencies, and provision of special education and related services directly to children with disabilities in areas not served by local educational agency, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. A prior section 1414a, Pub. L. 91–230, title VI, § 614A, as added Pub. L. 103–382, title III, § 312, Oct. 20, 1994, 108 Stat. 3934, which related to treatment of State agencies that received funds for fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (as in existence on the day preceding Oct. 20, 1994), was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. AMENDMENTS 2015—Subsec. (b)(5)(A). Pub. L. 114–95 inserted ‘‘, as such section was in effect on the day before December 10, 2015’’ after ‘‘of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 1415. Procedural safeguards (a) Establishment of procedures Any State educational agency, State agency, or local educational agency that receives assist- ance under this subchapter 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 a free appropriate public education by such agencies. (b) Types of procedures The procedures required by this section shall include the following: (1) An opportunity for the parents of a child with a disability to examine all records relat- ing to such child and to participate in meet- ings with respect to the identification, evalua- tion, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an inde- pendent educational evaluation of the child. (2)(A) Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable ef- forts, locate the parents, or the child is a ward of the State, including the assignment of an individual to act as a surrogate for the par- ents, which surrogate shall not be an employee of the State educational agency, the local edu- cational agency, or any other agency that is involved in the education or care of the child. In the case of— (i) a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care pro- vided that the surrogate meets the require- ments of this paragraph; and (ii) an unaccompanied homeless youth as defined in section 11434a(6) of title 42, the local educational agency shall appoint a sur- rogate in accordance with this paragraph.