9.04.1.1 Written notice that meets the requirements of § 9.04.2 of this part must be given to the parents of a child with a disability a reasonable time before the public agency --
A. Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE 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.
9.04.1.2 If the notice described under § 9.04.1.1 of this part relates to an action proposed by the public agency that also requires parental consent under § 9.06 of these regulations and 34 CFR 300.300, the agency may give notice at the same time it requests parent consent.
9.04.2 Content of Notice.
The notice required under § 9.04.1 of this part must include --
9.04.2.1 A description of the action proposed or refused by the agency;
9.04.2.2 An explanation of why the agency proposes or refuses to take the action;
9.04.2.3 A description of other options that the IEP team considered and the reasons why those options were rejected;
9.04.2.4 A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
9.04.2.5 A description of other factors that are relevant to the agency's proposal or refusal;
9.04.2.6 A statement that the parents of a child with a disability have protection under the procedural safeguards of this part 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
9.04.2.7 Sources for parents to contact to obtain assistance in understanding the provisions of this part.
9.04.3 Notice in understandable language.
9.04.3.1 The notice required under § 9.04.1 of this part 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.
9.04.3.2 If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure --
A. That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
B. That the parent understands the content of the notice; and
C. That there is written evidence that the requirements in § 9.04.3.2A and B of this part have been met.
Credits
Amended July 30, 2010; Nov. 29, 2013.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.9-9.04, AR ADC 005.18.9-9.04
