Page:United States Statutes at Large Volume 118.djvu/2747

 118 STAT. 2717 PUBLIC LAW 108–446—DEC. 3, 2004 in accordance with subsection (c)(2) (which shall remain con fidential)— ‘‘(i) to the other party, in the complaint filed under paragraph (6), and forward a copy of such notice to the State educational agency; and ‘‘(ii) that shall include— ‘‘(I) the name of the child, the address of the resi dence of the child (or available contact information in the case of a homeless child), and the name of the school the child is attending; ‘‘(II) in the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child and the name of the school the child is attending; ‘‘(III) 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 ‘‘(IV) a proposed resolution of the problem to the extent known and available to the party at the time. ‘‘(B) A requirement that a party may not have a due process hearing until the party, or the attorney representing the party, files a notice that meets the requirements of subpara graph (A)(ii). ‘‘(8) Procedures that require the State educational agency to develop a model form to assist parents in filing a complaint and due process complaint notice in accordance with paragraphs (6) and (7), respectively. ‘‘(c) NOTIFICATION REQUIREMENTS.— ‘‘(1) CONTENT OF PRIOR WRITTEN NOTICE.—The notice required by subsection (b)(3) shall include— ‘‘(A) a description of the action proposed or refused by the agency; ‘‘(B) an explanation of why the agency proposes or refuses to take the action and a description of each evalua tion procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; ‘‘(C) 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; ‘‘(D) sources for parents to contact to obtain assistance in understanding the provisions of this part; ‘‘(E) a description of other options considered by the IEP Team and the reason why those options were rejected; and ‘‘(F) a description of the factors that are relevant to the agency’s proposal or refusal. ‘‘(2) DUE PROCESS COMPLAINT NOTICE.— ‘‘(A) COMPLAINT.—The due process complaint notice required under subsection (b)(7)(A) shall be deemed to be sufficient unless the party receiving the notice notifies the hearing officer and the other party in writing that the receiving party believes the notice has not met the require ments of subsection (b)(7)(A). ‘‘(B) RESPONSE TO COMPLAINT.—

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