Current through Register Vol. 63, No. 9, September 1, 2024
(1) For
purposes of this rule, school district also means ECSE program and its
contractors and subcontractors.
(2) Prior written notice must be given to the
parent of a child, and to the adult student after rights have transferred,
within a reasonable period of time before a school district.
(a) Proposes to initiate or change, the
identification, evaluation, or educational placement of the child, or the
provision of a free appropriate public education to the child; or
(b) Refuses to initiate or change the
identification, evaluation, or educational placement of the child or the
provision of FAPE to the child.
(3) The content of the prior written notice
must include:
(a) A description of the action
proposed or refused by the school district;
(b) An explanation of why the district
proposes or refuses to take the action;
(c) A description of each evaluation
procedure, assessment, test, record, or report the school district used as a
basis for the proposed or refused action;
(d) A statement that the parents of a child
with a disability have protection under the procedural safeguards and, if this
notice is not an initial referral for evaluation, the means by which a copy of
the Notice of Procedural Safeguards may be obtained;
(e) Sources for parents to contact to obtain
assistance in understanding their procedural safeguards.
(f) A description of other options that the
IEP Team considered and the reasons why those options were rejected; and
(g) A description of other factors
that are relevant to the agency's proposal or refusal.
(4) The prior notice must be:
(a) Written in language understandable to the
general public; and
(b) 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.
(5) If the native language or other mode of
communication of the parent is not a written language, the school district must
take steps to ensure that:
(a) The notice is
translated orally or by other means to the parent in the parent's native
language or other mode of communication;
(b) The parent understands the content of the
notice; and
(c) There is written
evidence that the requirements in subsections (5)(a) and (b) of this rule have
been met.
Stat. Auth.: ORS
343.045 &
343.155
Stats. Implemented: ORS
343.155,
343.159 &
34 CFR
300.503
