La. Admin. Code tit. 28 § XLIII-504

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-504 - Prior Notice by the Public Agency; Content of Notice

A. Notice. Written notice that meets the requirements of Subsection B of this Section shall be given to the parents of a student with a disability a reasonable time before the public agency:

1. proposes to initiate or change the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education to the student; or

2. refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education to the student.

B. Content of Notice. The notice under Subsection A of this Section shall include:

1. a description of the action proposed or refused by the agency;

2. an explanation of why the agency proposes or refuses to take the action;

3. a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;

4. a statement that the parents of a student with a disability have protection under the procedural safeguards of this chapter and, if this notice is not an initial referral for an evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

5. sources for parents to contact to obtain assistance in understanding the provisions of this chapter;

6. a description of other options that the IEP Team considered and the reasons why those options were rejected; and

7. a description of other factors that are relevant to the agency's proposal or refusal.

C. Notice in Understandable Language

1. The notice required under paragraph A of this section shall 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.

2. If the native language or other mode of communication of the parent is not a written language, the public agency shall take steps to ensure that:

a. the notice is translated orally or by other means to the parent in his or her 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 of Subparagraph C.2.a and b of this Section have been met.

D. If the notice relates to an action proposed by the agency that also requires parental consent under §301, the LEA may give notice at the same time it requests parental consent.

La. Admin. Code tit. 28, § XLIII-504

Promulgated by the Board of Elementary and Secondary Education, LR 34:2069 (October 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.