NC 1504-1.4 Prior Notice by the LEA; Content of Notice

Plain English summary

This regulation requires LEAs to provide written prior notice to parents of children with disabilities before proposing or refusing to initiate or change identification, evaluation, educational placement, or FAPE. The notice must contain specific content including the reasons for the action, options considered, and procedural safeguard information. Notice must be provided in understandable language and in the parent's native language or communication mode, with documented evidence of comprehension when written language is not feasible.

Key requirements

• Written notice must be given to parents a reasonable time before the LEA proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE
• Notice must include a description of the action proposed or refused by the LEA
• Notice must include an explanation of why the LEA proposes or refuses to take the action
• Notice must include a description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action
• Notice must include a statement that parents have protection under the procedural safeguards and means by which a copy of procedural safeguards can be obtained
• Notice must include sources for parents to contact to obtain assistance in understanding the provisions
• Notice must include a description of other options the IEP Team considered and the reasons why those options were rejected
• Notice must include a description of other factors that are relevant to the LEA's proposal or refusal
• Notice must be written in language understandable to the general public
• Notice must be provided in the native language of the parent or other mode of communication used by the parent, unless clearly not feasible
• If the native language or other mode of communication of the parent is not a written language, the public agency must ensure the notice is translated orally or by other means to the parent
• The public agency must ensure the parent understands the content of the notice
• There must be written evidence that oral or alternative translation was provided and that the parent understood the content

Affected parties

• Local Education Agencies (LEAs)
• Parents of children with disabilities
• Children with disabilities
• IEP Teams
• Public agencies

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=84