State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-109_5

§ 115C‑109.5.  Priorwritten notice.

(a)        The localeducational agency shall provide prompt written notice to parents whenever thatagency proposes to initiate or change, or refuses to initiate or change (i) theidentification, evaluation, or educational placement of a child, or (ii) theprovision of a free appropriate public education to a child with a disability.The local educational agency shall document that all required notices have beensent to and received by parents.

(b)        This prior writtennotice shall be in the native language of the parents, unless it clearly is notfeasible to translate it, and shall contain all of the following information:

(1)        A description of theaction proposed or refused by the local educational agency.

(2)        An explanation of whythe local educational agency proposes or refuses to take the action and adescription of each evaluation procedure, assessment, record, or report thatagency used as a basis for the proposed or refused action.

(3)        A statement that theparent of a child with a disability has protection under the proceduralsafeguards of this Article and IDEA and, if this notice is not the initialreferral for evaluation, the means by which a copy of the procedural safeguardscan be obtained.

(4)        Sources for parentsto contact to obtain assistance in understanding this Article and IDEA.

(5)        A description ofother options considered by the IEP Team and the reason why those options wererejected.

(6)        A description of thefactors that are relevant to the local educational agency's proposal orrefusal.

(7)        Any otherinformation required to be included under IDEA. (1973, c. 1293, s. 10; 1975,c. 151, ss. 1, 2; c. 563, ss. 8, 9; 1975, 2nd Sess., c. 983, ss. 79, 80; 1981,c. 423, s. 1; c. 497, ss. 1, 2; 1983, c. 247, s. 6; 1985, c. 412, s. 2; 1987,c. 827, s. 1; 1987 (Reg. Sess., 1988), c. 1079, s. 1; 1989, c. 362; 1989 (Reg.Sess., 1990), c. 1058; 1991, c. 540, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s.27; 1993, c. 270, s. 1; 1997‑115, s. 1; 2006‑69, s. 2.)