Wash. Admin. Code § 392-172A-05010 - Prior notice and contents
(1) Written notice that meets the
requirements of subsection (2) of this section must be provided to the parents
of a student eligible for special education services, or referred for special
education services a reasonable time before the school district:
(a) Proposes to initiate or change the
identification, evaluation, or educational placement of the student or the
provision of FAPE to the student; or
(b) Refuses to initiate or change the
identification, evaluation, or educational placement of the student or the
provision of FAPE to the student.
(2) The notice required under this section
must include:
(a) A description of the action
proposed or refused by the agency;
(b) An explanation of why the agency proposes
or refuses to take the action;
(c)
A description of each evaluation procedure, assessment, record, or report the
agency used as a basis for the proposed or refused action;
(d) A statement that the parents of a student
eligible or referred for special education services have protection under the
procedural safeguards 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;
(e)
Sources for parents to contact to obtain assistance in understanding the
procedural safeguards and the contents of the notice;
(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.
(3)
(a) The notice required under subsections (1)
and (2) of this section must be:
(i) Written
in language understandable to the general public; and
(ii) 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.
(b) 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:
(i) That the notice is
translated orally or by other means to the parent in his or her native language
or other mode of communication;
(ii) That the parent understands the content
of the notice; and
(iii) That there
is written evidence that the requirements in (b) of this subsection have been
met.
Notes
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05010, filed 6/29/07, effective 7/30/07.
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(1) Written notice that meets the requirements of subsection (2) of this section must be provided to the parents of a student eligible for special education services, or referred for special education services a reasonable time before the school district:
(a) Proposes to initiate or change the identification, evaluation, or educational placement of the student or the provision of FAPE to the student; or
(b) Refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of FAPE to the student.
(2) The notice required under this section must include:
(a) A description of the action proposed or refused by the agency;
(b) An explanation of why the agency proposes or refuses to take the action;
(c) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(d) A statement that the parents of a student eligible or referred for special education services have protection under the procedural safeguards 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;
(e) Sources for parents to contact to obtain assistance in understanding the procedural safeguards and the contents of the notice;
(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.
(3)
(a) The notice required under subsections (1) and (2) of this section must be:
(i) Written in language understandable to the general public; and
(ii) 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.
(b) 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:
(i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
(ii) That the parent understands the content of the notice; and
(iii) That there is written evidence that the requirements in (b) of this subsection have been met.
Notes
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05010, filed 6/29/07, effective 7/30/07.