14 Del. Admin. Code § 926-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 926-4.0 - Procedural Safeguards Notice

4.1 General: A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents only one time a school year, except that a copy also shall be given to the parents:

4.1.1 Upon initial referral or parent request for evaluation;

4.1.2 Upon receipt of the first State complaint 14 DE Admin. Code 923, Sections 51.0 through 53.0 and upon receipt of the first due process complaint in Section 7.0 of this regulation in a school year;

4.1.3Upon the decision to remove a child with a disability from his or her educational placement because of a violation of a code of student conduct; and

4.1.4 Upon request by a parent.

4.1.5In addition, a copy of the procedural safeguards notice shall be provided to the parents of a child with a disability at each IEP meeting convened for the child.

4.2 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.

4.3 Contents: The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available under these regulations relating to:

4.3.1 Independent educational evaluations;

4.3.2 Prior written notice;

4.3.3 Parental consent:

4.3.4 Access to education records;

4.3.5 Opportunity to present and resolve complaints through the due process procedures, including:

4.3.5.1 The time period in which to file a complaint;

4.3.5.2 The opportunity for the agency to resolve the complaint; and

4.3.5.3 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.

4.3.6 The availability of mediation;

4.3.7 Procedures for students who are subject to placement in an interim alternative educational setting;

4.3.8 Requirements for unilateral placement by parents of children in private schools at public expense;

4.3.9 Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;

4.3.10 Appeal rights;

4.3.11 Civil actions, including the time period in which to file those actions; and

4.3.12 Attorneys' fees.

4.4 Notice in understandable language: The notice required in subsection 4.1 shall meet the requirements of subsection 3.3.

(Authority: 20 U.S.C. 1415(d))

14 Del. Admin. Code § 926-4.0

14 DE Reg. 1065 (04/01/11)
20 DE Reg. 550 (1/1/2017)
26 DE Reg. 847 (4/1/2023) (Final)