Cal. Code Regs. tit. 17 § 52161

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 52161 - General Notice Requirements

(a) Written notice shall be given to the parent of an infant or toddler, eligible or suspected to be eligible to receive early intervention services, a reasonable time before a regional center or LEA proposes, or refuses, to initiate or change:

(1) The identification, evaluation, assessment or placement of the infant or toddler; or

(2) Early intervention services to the infant or toddler and the infant's or toddler's family.

(b) The notice shall be in sufficient detail to inform the parent about:

(1) The action that is being proposed or refused;

(2) The reasons for taking the action; and

(3) All procedural safeguards that are available under Title 34 Code of Federal Regulations, Sections 303.400 through 303.460.

(c) The notice shall be:

(1) Written using words that are understandable to the general public; and

(2) Provided in the language of the parent's choice, unless it is clearly not feasible to do so. The regional center or LEA shall take steps to ensure that:

(A) The notice is translated;

(B) The parent understands the notice; and

(C) There is written evidence that the requirements of this subsection have been met.

Cal. Code Regs. Tit. 17, § 52161

1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. New section, including amendment of NOTE, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-98 order, including amendment of NOTE, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).

Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Section 95007(g), Government Code; Sections 1435(a)(13) and 1439(6)-(7), Title 20 United States Code; and Sections 303.403(a), 303.403(b) and 303.403(c)(1)-(2), Title 34 Code of Federal Regulations.

1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. New section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-98 order, including amendment of Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).