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PROCEDURAL SAFEGUARDS NOTICE

3.

Notice in understandable language

a.

The notice must be:

1)

Written in language understandable to the general public; and

2)

Provided in your native language or other mode of communication you use, unless it is clearly not feasible to do so.

3)

If your native language or other mode of communication is not a written language, your LEA must ensure that:

a)

The notice is translated for you orally or by other means in your native language or other mode of communication;

b)

You understand the content of the notice; and

c)

There is written evidence that 1 and 2 have been met.

C.

WHAT IS NATIVE LANGUAGE? (34 CFR §300.29)

1.

Native language, when used with an individual who has limited English proficiency, means the following:

a.

The language normally used by that person, or, in the case of a child, the language normally used by the child’s parents;

b.

In all direct contact with a child (including evaluation of a child), the language normally used by the child in the home or learning environment.

For a person with deafness or blindness, or for a person with no written language, the mode of communication is what the person normally uses (such as sign language, Braille, or oral communication).

D.

NOTICE BY ELECTRONIC MAIL (34 CFR §300.505)

If your LEA offers parents the choice of receiving documents by e-mail, you may choose to receive the following by e-mail:

1.

Prior written notice;

2.

Procedural safeguards notice; and

3.

Notices related to a due process complaint.

E.

WHAT IS PARENTAL CONSENT? (34 CFR §300.9)

THIS SECTION EXPLAINS WHAT INFORMED PARENTAL CONSENT IS AND WHEN YOU NEED TO PROVIDE IT, SO AN LEA MAY PROCEED AS PROPOSED IN THE NOTICE.

1.

What is Parental Consent?

Consent means:

a.

You have been fully informed in your native language or other mode of communication (such as sign language, Braille, or oral communication) of all information about the action for which consent is sought;

b.

You understand an agree in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; and

c.

You understand that the consent does not negate (undo) an action that has occurred after you gave your consent and before you withdrew it.

F.

WHEN IS PARENTAL CONSENT NEEDED?

1.

Initial Evaluations (34 CFR §300.300)

a.

General Rule: Consent for initial evaluation

Your LEA cannot conduct an initial evaluation of your child to determine whether your child is eligible under Part B of the IDEA to receive special education and related services without first providing you with prior written notice of the proposed action and without obtaining your consent as described under the heading Parental Consent.

2July 2008 Revisions

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