Sec. 13a.05.01.12. Procedural Safeguards — Prior Written Notice  

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  • A. General.

    (1) Consistent with 34 CFR §300.503, a public agency shall provide written notice to the parent of a student with a disability before the public agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student, or the provision of FAPE to the student.

    (2) A parent of a student with a disability may elect to receive written notice as described in §A(1) of this regulation by an electronic mail communication, if the public agency makes that option available.

    B. Prior Written Notice Content. The notice shall include:

    (1) A description of the action proposed or refused;

    (2) An explanation of why the public agency proposes or refuses to take the action;

    (3) A description of the options the public agency considered and the reason the options were rejected;

    (4) A description of each assessment procedure, test, record, or report the public agency uses as a basis for the proposal or refusal;

    (5) A description of any other factors relevant to the proposed or refused action;

    (6) A statement that the parent has protections under the procedural safeguards of the Act and the manner in which the parent may obtain a copy of the procedural safeguards;

    (7) A list of sources a parent may contact to obtain assistance in understanding the provisions of 20 U.S.C. §1415 and Regulations .11-.15 and .16B(3) of this chapter; and

    (8) If an action proposed by a public agency also requires parental consent, a public agency may provide notice at the same time it requests consent.

    C. Native Language.

    (1) The notice shall be written in language that is understandable to the general public, and provided in the native language of the parent, unless it is clearly not feasible to do so.

    (2) If the native language used by the parent is not a written language, the public agency shall ensure that the notice is translated orally or by other means to the parent, and the parent understands the content of the notice.

    (3) A public agency shall maintain written documentation that the requirements of §C(1) and (2) of this regulation have been met.