D.C. Mun. Regs. tit. 5, r. 5-A3032

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3032 - PRIOR WRITTEN NOTICE

3032.1

The LEA shall provide written notice to the parent of a child with a disability a reasonable time before the LEA:

(a) Proposes to initiate or change the identification, evaluation, educational placement, including the service location of the educational placement, or the provision of FAPE to the child; or

(b) Refuses to initiate or change the identification, evaluation, educational placement, including the service location of the educational placement, or the provision of FAPE to the child.

3032.2

Prior written notice shall include the following:

(a) A description of the action the LEA is proposing or refusing to take;

(b) An explanation of why the LEA proposes or refuses to take the action;

(c) A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action;

(d) A statement that the parent of a child with a disability has protection under the procedural safeguards of IDEA and this chapter and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

(e) Sources for the parent to contact to obtain assistance in understanding the provisions of IDEA and this chapter, including:

(1) Parent Training and Information Center established pursuant to Section 671 of IDEA (20 U.S.C. § 1471);

(2) Office of the Ombudsman for Public Education (D.C. Official Code § 38-351et seq.); and

(3) Office of the Student Advocate (D.C. Official Code § 38-371et seq.);

(f) A description of other options that the IEP Team considered and the reasons why those options were rejected; and

(g) If applicable, a description of other factors relevant to the LEA's proposal or refusal.

3032.3

Prior written notice shall be:

(a) Written in language understandable to the general public;

(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; and

(c) If the native language or other mode of communication of the parent is not a written language, the LEA shall take steps to ensure all of the following:

(1) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;

(2) The parent understands the content of the notice; and

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

D.C. Mun. Regs. tit. 5, r. 5-A3032

Final Rulemaking published at 69 DCR 5902 7/1/2022