§ 45.51 - Notice to parents.

(a) Written notice must be given to the parents of a handicapped child a reasonable time before the school:

(1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child, or

(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child.

(b) The notice described under paragraph (a) of this section must include:

(1) A full explanation of all the procedural safeguards available to the parents including confidentiality requirements;

(2) A description of the proposed (or refused) action, explaining the reasons for such action and describing any options which were considered and rejected;

(3) A description of each evaluation procedure, test, record or report used as a basis for the action and any other relevant factors;

(4) The name(s) of the employee(s) of the school who may be contacted for further information;

(5) Language understandable to the general public, provided in the language of the parent or other mode of communication used by the parent(s) unless clearly not feasible.

(c) The notice must be communicated orally (where necessary) in the primary language or other mode of communication to insure that the parent understands the content.

(d) If an interpreter is used as part of the procedure for providing full and effective notice, the school must maintain a written statement, signed by the interpreter, to the effect that the parent understood the content of the matter presented.