Sec. 13a.13.01.11. Procedural Safeguards — Prior Written Notice

A. General. Consistent with 34 CFR §303.421, a local lead agency shall provide a parent prior written notice a reasonable time before the local lead agency or an EIS provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of their infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and that infant’s or toddler’s family.

B. Prior Written Notice Content. The notice shall be in sufficient detail to inform the parent of:

(1) The action that is being proposed or refused;

(2) The reasons for taking the action; and

(3) The procedural safeguards, as described in Regulation .10A of this chapter, including:

(a) A description of mediation, consistent with 34 CFR §303.431;

(b) How to file a State complaint, in accordance with 34 CFR §§303.432 through 303.434; and

(c) How to file a due process complaint, consistent 34 CFR §303.430(d), including any timelines.

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 local lead 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.