What other rights and responsibilities are included in the provision of FAPE regarding student identification, evaluation, and placement?
A23. Under Section 504 and Title II, students with disabilities, and their parents or guardians, are entitled to due process from the LEA concerning student identification, evaluation, and placement. Simply stated, due process is procedural fairness. In the context of FAPE, due process includes notice, the opportunity for review of records, the right to request an impartial hearing with representation by counsel, and a procedure for review. In general, by complying with the relevant IDEA procedural-safeguard requirements, an LEA is complying with these Section 504 and Title II requirements.
