§8-60-58 - Prior notice by the department; content of notice.

§8-60-58 Prior notice by the department; content of notice. (a) Notice. Written notice that meets the requirements of subsection (b) shall be given to the parents of a student with a disability a reasonable time before the department:

(1) Proposes to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE to the student; or

(2) Refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE to the student.

(b) Content of notice. The notice required under subsection (a) shall include:

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

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

(3) A description of each evaluation procedure, assessment, record, or report the department used as a basis for the proposed or refused action;

(4) A statement that the parents of a student with a disability have protection under the procedural safeguards of this chapter and, if this notice is not an initial referral for evaluation, the means by which a copy of

a description of the procedural safeguards can be obtained;

(5) Sources for parents to contact to obtain assistance in understanding the provisions of this chapter;

(6) A description of other options that the IEP team considered and the reasons why those options were rejected; and

(7) A description of other factors that are relevant to the department's proposal or refusal.

(c) Notice in understandable language. (1) The notice required under subsection (a) shall be:

(A) Written in language understandable to the general public; and

(B) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(2) If the native language or other mode of communication of the parent is not a written language, the department shall take steps to ensure:

(A) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(B) That the parent understands the content of the notice; and

(C) That there is written evidence that the requirements in subparagraphs (A) and (B) have been met.

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(b)(3) and (4), 1415(c)(1), 1414(b)(1), HRS §302A-1112) (Imp: 34 C.F.R. §300.503)

 

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