Delaware Administrative Code
Title 14 - Education
900 - Special Populations
926 - Children with Disabilities Subpart E Procedural Safeguards for Parents and Children
Section 926-3.0 - Prior Notice by the Public Agency: Content of Notice

Universal Citation: 14 DE Admin Code 926-3.0

Current through Register Vol. 28, No. 3, September 1, 2024

3.1 Notice: Written notice that meets the requirements of subsection 3.2 shall be given to the parents of a child with a disability no less than 10 school days before the public agency:

3.1.1 Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or

3.1.2 Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; and

3.1.3 In cases involving a change of placement for a disciplinary removal, written notice shall be provided no less than 5 school days before the public agency proposes to change the child's placement.

3.2 Content of notice: The notice required in subsection 3.1 shall include:

3.2.1 A written description of the action proposed or refused by the agency; and

3.2.2 A written explanation of why the agency proposes or refuses to take the action; and

3.2.3 A written description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; and

3.2.4 A written statement that the parents of a child with a disability have protection under the procedural safeguards of state and federal regulations 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; and

3.2.5 Sources for parents to contact to obtain assistance in understanding the provisions of these regulations, including contact information for parent assistance programs, legal assistance programs, and the Delaware State Bar Association; and

3.2.6 A written description of any other options the IEP Team considered and the reasons why those options were rejected; and

3.2.7 A written description of other factors which are relevant to the agency's proposal or refusal; and

3.2.8 A written summary of procedural safeguards must be available to the parents under state and federal law and regulations.
3.2.8.1 A full copy of the procedural safeguards under state and federal law and regulations shall be provided to the parents at the IEP meeting.

3.3 Notice in understandable language: The notice required in subsection 3.1 shall be:

3.3.1 Written in language understandable to the general public; and

3.3.2 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.

3.4 If the native language or other mode of communication of the parent is not a written language, the public agency shall take steps to ensure that:

3.4.1 The notice is translated orally or by other means to the parent in his or her native language or other mode of communication; and

3.4.2 The parent understands the content of the notice; and

3.4.3 There is written evidence that the requirements in subsections 3.4.1 and 3.4.2 have been met.

(Authority: 20 U.S.C. 1415(b)(3) and (4), 1415(c)(1), 1414(b)(1));14 Del.C. § 3110), 14 Del.C. § 3130, 14 Del.C. § 3133, 14 Del.C. § 3134)

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.