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005.18.9-9.05. Procedural Safeguards Notice

AR ADC 005.18.9-9.05Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 9. Due Process
Ark. Admin. Code 005.18.9-9.05
005.18.9-9.05. Procedural Safeguards Notice
Currentness
9.05.1 General.
9.05.1.1 A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents, only one time a school year, except that a copy also must be given to the parents, at a minimum --
A. Upon initial referral or parent request for evaluation;
B. Upon receipt of the first State complaint under 34 CFR 300.151-300.153 and upon receipt of the first due process complaint under 34 CFR 300.507 in a school year;
C. In accordance with the discipline procedures in 34CFR 300.530(h); and
D. Upon request by a parent.
9.05.2 Internet Web site. A public agency may place a current copy of the procedural safeguards notice on its Internet Web site if a Web site exists.
9.05.3 Contents.
9.05.3.1 The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under §§ 9.00, 13.00, and 16.00 of these regulations and 34 CFR 300.148, 300.151 through 300.153, 300.300, 300.502 through 300.503, 300.505 through 300.518, 300.520, 300.530 through 300.536 and 300.610 through 300.625 relating to --
A. Independent educational evaluation;
B. Prior written notice;
C. Parental consent;
D. Access to educational records;
E. Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including --
1. The time period in which to file a complaint;
2. The opportunity for the agency to resolve the complaint; and
3. The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures.
F. The child's placement during the pendency of any due process proceedings;
G. Procedures for students who are subject to placement in an interim alternative educational setting;
H. Requirements for unilateral placement by parents of children in private schools at public expense;
I. The availability of Mediation under 34 CFR 300.506 and § 10.00 of these regulations;
J. Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;
K. Civil actions, including the time period in which to file those actions; and
L. Attorneys' fees.
9.05.4 Notice in understandable language.
The notice required under § 9.05.1 of this part must meet the requirements of § 9.04.3 of these regulations and 34 CFR 300.503(c).
9.05.5 Electronic Mail
A parent of a child with a disability may elect to receive notices required by 34 CFR 300.503, 300.504, and 300.508 by an electronic mail communication, if the public agency makes that option available.

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 005.18.9-9.05, AR ADC 005.18.9-9.05
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