Page:United States Statutes at Large Volume 111 Part 1.djvu/113

 PUBLIC LAW 105-17—JUNE 4, 1997 111 STAT. 89 "(i) the name of the child, the address of the residence of the child, and the name of the school the child is attending; "(ii) a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and "(iii) a proposed resolution of the problem to the extent known and available to the parents at the time; and "(8) procedures that require the State educational agency to develop a model form to assist parents in filing a complaint in accordance with paragraph (7). "(c) CONTENT OF PRIOR WRITTEN NOTICE. —The notice required by subsection (b)(3) shall include— "(1) a description of the action proposed or refused by the agency; "(2) an explanation of why the agency proposes or refuses to take the action; "(3) a description of any other options that the agency considered and the reasons why those options were rejected; "(4) a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action; "(5) a description of any other factors that are relevant to the agency's proposal or refusal; "(6) a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and "(7) sources for parents to contact to obtain assistance in understanding the provisions of this part. " (d) PROCEDURAL SAFEGUARDS NOTICE. — "(1) IN GENERAL. —^A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents, at a minimum— "(A) upon initial referral for evaluation; "(B) upon each notification of an individualized education program meeting and upon reevaluation of the child; and "(C) upon registration of a complaint under subsection (b)(6). "(2) CONTENTS. —The procedural safeguards notice shall include a full explanation of the procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so, and written in an easily understandable manner, available under this section and under regulations promulgated by the Secretary relating to— "(A) independent educational evaluation; "(B) prior written notice; "(C) parental consent; "(D) access to educational records; "(E) opportunity to present complaints; "(F) the child's placement during pendency of due process proceedings; "(G) procedures for students who are subject to placement in an interim alternative educational setting;

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