Parents or guardians of a student and
the local school district shall be notified in writing at least 10 calendar
days prior to the School's initiation of a modification or change in the
identification, evaluation, instructional program, or educational placement of
the student, or the inability to provide a free appropriate public education to
the student. An initial contact shall be by telephone with written notice to
follow.
a) The notice shall be
provided in the native language of the parent or guardian or other mode of
communication used by the parent or guardian.
b) If the native language or other mode of
communication of the parent or guardian is not a written language, the School
shall ensure:
1) that the notice is
translated orally or by other means to the parent or guardian in his or her
native language or other mode of communication;
2) that the parent or guardian understands
the content of the notice; and
3)
that there is written evidence on file that the requirements of this Section
have been met.
c) The
notice shall contain:
1) a description of the
action proposed or refused by the School, an explanation of why the School
proposes or refuses to take the action, and a description of any options that
the School considered and the reasons why those options were
rejected;
2) a description of each
evaluation procedure, test, record or report that the School uses as a basis
for the proposal or refusal;
3) the
parents' or guardians' right to object to the proposed modifications and the
specific procedures for making an objection, including the procedures for
requesting an impartial due process hearing;
4) a full explanation of all of the
procedural safeguards available to the parents or guardians;
5) a description of any other factors that
are relevant to the School's proposal or refusal.
