Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 7. (a) Written notice that meets the requirements of subsection (b) must be given to the parent of a student with a disability before the public agency:

1. (1) proposes to initiate or change the identification or educational placement of the student or the provision of a free appropriate public education to the student; or
2. (2) refuses to initiate or change the identification, educational placement of the student, or the provision of a free appropriate public education to the student.

(b) The written notice required under subsection (a) must include the following:

1. (1) A description of the action proposed or refused by the public agency.
2. (2) An explanation of why the public agency proposed or refused to take the action.

3. (3) A description of the following:

   1. (A) Each:

      1. (i) evaluation procedure;
      2. (ii) assessment;
      3. (iii) record; or
      4. (iv) report;
   2. the agency used as a basis for the proposed or refused action.
   3. (B) Other options that the CCC considered and the reasons why those options were rejected.
   4. (C) Other factors relevant to the agency's proposal or refusal.

4. (4) A statement that the parent of a student with a disability has protection under the procedural safeguards described in 511 IAC 7-37-1 and the means by which a copy of a description of the procedural safeguards can be obtained. The statement must also explain that after a public agency provides written notice regarding a proposed or refused action that is subsequent to the initial IEP, the parent may challenge the action proposed or refused by the public agency by doing any of the following:

   1. (A) Requesting and participating in a meeting with an official of the public agency who has the authority to facilitate the disagreement between the parent and the public agency.
   2. (B) Initiating mediation under 511 IAC 7-45-2.
   3. (C) Requesting a due process hearing under 511 IAC 7-45-3.
5. (5) A statement that if a parent challenges a proposed IEP prior to its implementation, the public agency must continue to implement the current IEP, except as provided in section 8(e) and 8(f) of this rule.
6. (6) Sources for the parent to contact to obtain assistance in understanding the provisions of this article.

(c) There is nothing in this article that prohibits a public agency from using the IEP as part of the written notice as long as the documentation the parent receives meets all the requirements in this section.

(d) The written notice must be written in language understandable to the general public and provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language of the parent or other mode of communication used by the parent is not a written language, the public agency must take steps to ensure the following:

1. (1) That the written notice is translated orally or by other means to the parent in his or her native language or other mode of communication.
2. (2) That the parent understands the content of the written notice.
3. (3) That there is written documentation that the requirements in subdivisions (1) and (2) have been met.

(e) The written notice described in this section may be:

1. (1) provided to the parent at the conclusion of the CCC meeting; or
2. (2) mailed to the parent at a later date.

If mailed, the written notice must be received by the parent not later than ten (10) business days after the date of the CCC meeting.

(f) After the public agency has provided written notice, the public agency must obtain written consent from the parent before the initial provision of special education and related services to the student. This encompasses the initial IEP and the initial educational placement.

(g) If the public agency is required to obtain consent from the parent under subsection (f), written notice can be provided at the same time as parental consent is requested.

(h) A public agency must make reasonable efforts to obtain written parental consent required under subsection (f). To meet this requirement, the public agency must document its attempts to obtain parental consent, such as the following:

1. (1) Detailed records of:

   1. (A) telephone calls made or attempted; and
   2. (B) the results of those calls.

2. (2) Copies of:

   1. (A) correspondence sent to the parent; and
   2. (B) any responses received.

3. (3) Detailed records of:

   1. (A) visits made to the parent's home or place of employment; and
   2. (B) the results of those visits.

(i) If the parent of a student refuses to consent to (or fails to respond to a request for consent for) the initial provision of special education and related services described in subsection (f), the public agency:

1. (1) may not:

   1. (A) initiate mediation under 511 IAC 7-45-2; or
   2. (B) request a due process hearing under 511 IAC 7-45-3;
2. in order to obtain an agreement or a ruling that the services may be provided to the student; and
3. (2) must not be considered to be in violation of the requirement to make available a free appropriate public education to the student.

(j) After a public agency provides written notice regarding a proposed IEP that is subsequent to the initial IEP, the parent may challenge the action proposed or refused by the public agency by doing any of the following:

1. (1) Requesting and participating in a meeting with an official of the public agency who has the authority to facilitate the disagreement between the parent and the public agency.
2. (2) Initiating mediation under 511 IAC 7-45-2.
3. (3) Requesting a due process hearing under 511 IAC 7-45-3.

(Indiana State Board of Education; 511 IAC 7-42-7; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; filed Mar 18, 2019, 2:33 p.m.: 20190417-IR-511180153FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)