Section 5-E3020. PROCEDURAL SAFEGUARDS - GENERAL PROVISIONS

 

3020.1

 

(a)Copy To Parents - A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents only one (1) time a year, except that a copy also shall also be given to the parents:

 

(i)upon initial referral or parental request for evaluation;

 

(ii)upon the first occurrence of the filing of a complaint for a due process hearing as described in this Chapter; and

 

(iii)upon a request by a parent.

 

(b)Internet Website - A local educational agency may place a current copy of the procedural safeguards notice on its Internet website.

 

3020.2The contents of the procedural safeguards notice shall include a full explanation of all of the safeguards available relating to:

 

(a)Opportunity to initiate a referral for initial evaluation and reevaluation, including criteria for evaluations;

 

(b)Independent educational evaluation;

 

(c)Prior written notice;

 

(d)Parental consent;

 

(e)Access to educational records;

 

(f)Opportunity to initiate due process hearings;

 

(g)The child's placement during the pendency of due process proceedings;

 

(h)Procedures for children who are subject to placement in an interim alternative educational setting;

 

(i)Requirements for unilateral placement by parents of children in private schools at public expense;

 

(j)Mediation;

 

(k)Due process hearings, including requirements for disclosure of evaluation results and recommendations;

 

(l)Civil actions;

 

(m)Attorneys' fees; and

 

(n)District complaint procedures, including a description of how to file a complaint and the timelines under the complaint procedures.

 

3020.3Native Language

 

(a)The notice shall be written in language that is understandable to the general public, and provided in the native language of the parent, unless it is clearly not feasible to do so.

 

(b)If the native language used by the parent is not a written language, the LEA shall ensure that the notice is translated orally or by other means to the parent, and that the parent understands the content of the notice.

 

source

Final Rulemaking published at 30 DCR 2972, 2980 (June 17, 1983); as amended by Final Rulemaking published at 35 DCR 3017 (April 29, 1988); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); and Final Rulemaking published at 52 DCR 10558 (December 2, 2005).