Iowa Admin. Code rr. 281-120.421 - Prior written notice and procedural safeguards notice
(1)
General. Prior written notice must be provided to parents a
reasonable time before an agency or an EIS provider proposes, or refuses, to
initiate or change the identification, evaluation, or placement of the parents'
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.
(2)
Content of notice. The
notice must be in sufficient detail to inform parents about:
a. The action that is being proposed or
refused;
b. The reasons for taking
the action; and
c. All procedural
safeguards that are available under this chapter, including a description of
mediation in rule 281-120.431( 34CFR303), how to file a state complaint in
rules 281-120.432( 34CFR303) through
281-120.434 ( 34CFR303) and a
due process complaint in the provisions adopted under subrule 120.430(4), and
any timelines under those procedures.
(3)
Native language.
a. The notice must be:
(1) Written in language understandable to the
general public; and
(2) Provided in
the native language, as defined in rule
281-120.25 ( 34CFR303), of the
parent or other mode of communication used by the parent, unless it is clearly
not feasible to do so.
b.
If the native language or other mode of communication of the parent is not a
written language, the public agency or designated EIS provider must take steps
to ensure that:
(1) The notice is translated
orally or by other means to the parent in the parent's native language or other
mode of communication;
(2) The
parent understands the notice; and
(3) There is written evidence that this
subrule has been satisfied.
Notes
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