Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 2. (a) Written notice must be given to the parent of a child eligible for early intervention services at least ten (10) days before an early intervention service provider proposes, or refuses, to initiate or change:

1. (1) the identification, evaluation, or placement of the child; or
2. (2) the provision of appropriate early intervention services to the child and the child's family.

(b) The notice must be in sufficient detail to inform the parent about the following:

1. (1) The action that is being proposed or refused.
2. (2) The reasons for taking the action.
3. (3) All procedural safeguards that are available.
4. (4) The state complaint procedures under sections 470 IAC 3.1-14-1, including a description of how to file a complaint and the timelines under those procedures.

(c) The notice must be written in language understandable to the general public and provided in the native language of the parent unless it is clearly not feasible to do so.

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

1. (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. (2) The parent understands the notice.
3. (3) There is written evidence that the requirements specified in this section have been met.

(e) If a parent is deaf or blind or has no written language, the mode of communication must be that normally used by the parent, such as sign language, braille, or oral communication.

(Division of Family Resources; 470 IAC 3.1-13-2; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1347; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2267; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA; readopted filed Oct 8, 2025, 3:15 p.m.: 20251105-IR-470240501RFA)