118 STAT. 2716 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(1) An opportunity for the parents of a child with a dis ability to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child. ‘‘(2)(A) Procedures to protect the rights of the child when ever the parents of the child are not known, the agency cannot, after reasonable efforts, 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 parents, which surrogate shall not be an employee of the State educational agency, the local educational 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 provided that the surrogate meets the requirements of this paragraph; and ‘‘(ii) an unaccompanied homeless youth as defined in section 725(6) of the McKinney Vento Homeless Assistance Act (42 U.S.C. 11434a(6)), the local educational agency shall appoint a surrogate in accordance with this para graph. ‘‘(B) The State shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 days after there is a determination by the agency that the child needs a surrogate. ‘‘(3) Written prior notice to the parents of the child, in accordance with subsection (c)(1), whenever the local edu cational agency— ‘‘(A) proposes to initiate or change; or ‘‘(B) refuses to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child. ‘‘(4) Procedures designed to ensure that the notice required by paragraph (3) is in the native language of the parents, unless it clearly is not feasible to do so. ‘‘(5) An opportunity for mediation, in accordance with sub section (e). ‘‘(6) An opportunity for any party to present a complaint— ‘‘(A) with respect to any matter relating to the identi fication, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child; and ‘‘(B) which sets forth an alleged violation that occurred not more than 2 years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the complaint, or, if the State has an explicit time limitation for presenting such a com plaint under this part, in such time as the State law allows, except that the exceptions to the timeline described in subsection (f)(3)(D) shall apply to the timeline described in this subparagraph. ‘‘(7)(A) Procedures that require either party, or the attorney representing a party, to provide due process complaint notice Applicability.
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