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.
