- (a) Within seven (7) calendar days of the date the local educational agency receives the written referral, the local educational agency must schedule a referral conference at a time and place agreed upon by the parent or parents and provide the parent or parents with written notification of the referral and referral conference consistent with the notice requirements established in 6 CAR § 130-904.
(b) In addition to meeting the requirements of 6 CAR § 130-904, notice of a referral conference must:
- (1) Be provided to the parent or parents early enough to ensure that they will have an opportunity to attend; and
- (2) Include the time and location of the conference and who will be in attendance.
(c) The agency may provide initial notice to the parent or parents through the use of:
- (1) Registered mail;
- (2) Certified mail; or
- (3) First class mail.
(d)
- (1) If the parents do not respond to the initial written notice within seven (7) calendar days of its dissemination, a subsequent notice must be issued to the parents by any communication means necessary, specifying that the referral conference will be held seven (7) calendar days from the date of dissemination of the subsequent notice, but in no case more than twenty-one (21) calendar days from receipt of the written referral.
- (2) If the parents do not respond to the subsequent notice, the referral conference may be conducted without the parent in attendance.
- (3) If no parent can be identified or located after reasonable efforts by the agency or if the child is a ward of the state or an unaccompanied homeless youth as defined in Section 725(6) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(6), then a surrogate parent must be assigned to the child pursuant to 6 CAR § 130-1501 et seq.
- (e) The public agency shall maintain written documentation of its efforts to ensure that the requirements of 6 CAR § 130-401 et seq., have been met.