Current through March 20, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 7.
(a) Written
notice that meets the requirements of subsection (b) must be given to the
parent of a student with a disability before the public agency:
(1) proposes to initiate or change the
identification or educational placement of the student or the provision of a
free appropriate public education to the student; or
(2) refuses to initiate or change the
identification, educational placement of the student, or the provision of a
free appropriate public education to the student.
(b) The written notice required under
subsection (a) must include the following:
(1)
A description of the action proposed or refused by the public agency.
(2) An explanation of why the public agency
proposed or refused to take the action.
(3) A description of the following:
(A) Each:
(i) evaluation procedure;
(ii) assessment;
(iii) record; or
(iv) report; the agency used as a basis for
the proposed or refused action.
(B) Other options that the CCC considered and
the reasons why those options were rejected.
(C) Other factors relevant to the agency's
proposal or refusal.
(4)
A statement that the parent of a student with a disability has protection under
the procedural safeguards described in
511 IAC
7-37-1 and the means by which a copy of a description
of the procedural safeguards can be obtained. The statement must also explain
that after a public agency provides written notice regarding a proposed or
refused action that is subsequent to the initial IEP, the parent may challenge
the action proposed or refused by the public agency by doing any of the
following:
(A) Requesting and participating in
a meeting with an official of the public agency who has the authority to
facilitate the disagreement between the parent and the public agency.
(B) Initiating mediation under
511 IAC
7-45-2.
(C) Requesting a due process hearing under
511 IAC
7-45-3.
(5) A statement that if a parent challenges a
proposed IEP prior to its implementation, the public agency must continue to
implement the current IEP, except as provided in section 8(e) and 8(f) of this
rule.
(6) Sources for the parent to
contact to obtain assistance in understanding the provisions of this
article.
(c) There is
nothing in this article that prohibits a public agency from using the IEP as
part of the written notice as long as the documentation the parent receives
meets all the requirements in this section.
(d) The written notice must be written in
language understandable to the general public and 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. If the native language of the
parent or other mode of communication used by the parent is not a written
language, the public agency must take steps to ensure the following:
(1) That the written notice is translated
orally or by other means to the parent in his or her native language or other
mode of communication.
(2) That the
parent understands the content of the written notice.
(3) That there is written documentation that
the requirements in subdivisions (1) and (2) have been met.
(e) The written notice described
in this section may be:
(1) provided to the
parent at the conclusion of the CCC meeting; or
(2) mailed to the parent at a later date.
If mailed, the written notice must be received by the parent
not later than ten (10) business days after the date of the CCC meeting.
(f) After the public
agency has provided written notice, the public agency must obtain written
consent from the parent before the initial provision of special education and
related services to the student. This encompasses the initial IEP and the
initial educational placement.
(g)
If the public agency is required to obtain consent from the parent under
subsection (f), written notice can be provided at the same time as parental
consent is requested.
(h) A public
agency must make reasonable efforts to obtain written parental consent required
under subsection (f). To meet this requirement, the public agency must document
its attempts to obtain parental consent, such as the following:
(1) Detailed records of:
(A) telephone calls made or attempted;
and
(B) the results of those
calls.
(2) Copies of:
(A) correspondence sent to the parent;
and
(B) any responses
received.
(3) Detailed
records of:
(A) visits made to the parent's
home or place of employment; and
(B) the results of those visits.
(i) If the parent of a
student refuses to consent to (or fails to respond to a request for consent
for) the initial provision of special education and related services described
in subsection (f), the public agency:
(1) may
not:
(A) initiate mediation under
511 IAC 7-45-2;
or
(B) request a due process
hearing under
511 IAC
7-45-3; in order to obtain an agreement or a ruling
that the services may be provided to the student; and
(2) must not be considered to be in violation
of the requirement to make available a free appropriate public education to the
student.
(j) After a
public agency provides written notice regarding a proposed IEP that is
subsequent to the initial IEP, the parent may challenge the action proposed or
refused by the public agency by doing any of the following:
(1) Requesting and participating in a meeting
with an official of the public agency who has the authority to facilitate the
disagreement between the parent and the public agency.
(2) Initiating mediation under
511 IAC
7-45-2.
(3) Requesting a due process hearing under
511 IAC
7-45-3.
